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STATE  OF  CALIFORNIA  I     ^  c  2. 

DEPARTMENT  OF  ENGINEERING  I 

No.i^ 


BULLETIN  No.  6 


California 


Irrigation  District  Laws 


AS  AMENDED 


1919 


COMPILED  BY  THE 

CALIFORNIA  STATE  LIBRARY 

FOR  THE 

DEPARTMENT  OF  ENGINEERING 


CALIFORNIA   STATE  PBLNTINO   OFFICK 

SACRAMENTO 

19  19 


.v...«  K.30URCK  CE-rCR  ARCHIVES 


WATER  RESOURCES  CENTER 

OFFICE  OF  THE  DIRECTOR 

UNIVERSITY  OF  CALIFORNIA 

LOS  ANGELES  24,  CALIFORNIA 


EX  LIBRIS 

MARTIN  R.  HUBERTY 

DONATED  IN  HIS  MEMORY 

TO  THE  director's  LIBRARY 

BY 

MRS.  MARTIN  R.  HUBERTY 


f 


STATE  OF  CALIFORNIA 
DEPARTMENT  OF  ENGINEERING 


BULLETIN  No.  6 


No.  C 


California 
Irrigation  District  Laws 


AS  AMENDED 


1919 


COMPILED   BY  THE 

CALIFORNIA  STATE  LIBRARY 

FOR  THE 

DEPARTMENT  OF  ENGINEERING 


CALIFORNIA   STATE   PRINTING    OFFICE 

SACRAMENTO 

19  19 


48601 


4^ 


TABLE  OF  CONTENTS. 


Page 

INTRODUCTION    7 

iKHiGATioN  Districts  as  of  December  1,  1919 8 

ADDITIONAL   Laws   9 

Outline  of  Procedure  for  the  Formation  of  a  Wright  Irrigation  District-  10 

CONSTITUTIONAL  PROVISIONS  RELATING  TO  WATER  AND  IRRIGATION 

DISTRICTS    11 

Taking  Immediate  Possession  in  Eminent  Domain  Processings 11 

Acquiring  Stock  in  Foreign  Corporation 11 

Legislative  Power  to  Provide  for  Supervision  of  Districts 12 

Payment  of  Bonds 12 

UoNDs  Exempt  from  Taxation 12 

Water  and  Water  Rights 12 

1.   CALIFORNIA  IRRIGATION  DISTRICT  ACT 14 

Organization   14 

Who  may  propose  the  organization  of  an  Irrigation  district 14 

Petition  to  organize  district 16 

State  engineer  to  furnish  information 22 

Order  of  supervisors  reafflrming  conclusions 22 

Finding  of  board  to  be  conclusive 23 

Divisions  In  district  and  election  of  directors 23 

Election  on  Organization 24 

Election  on  organizatten 24 

Officers  to  be  elected 24 

Qualifications  of  electors 24 

Canvass  of  votes;  majority  to  determine  organization 24 

Order  to  be  filed  with  county  recorder 25 

Election  may  be  contested;  appeal 25 

Tenure  of  offlc* 26 

Duties  and  Powers  of  the  Board  op  Directors 26 

Duties  and  powers  of  board  of  directors 26 

Monthly  meetings;  quorum 26 

Publication  of  financial  condition 27 

General  powers  of  directors 27 

Dams;    conveyances    28 

Rules  for  use  of  water 29 

Change  election  precincts;   lease  canals 29 

Condemnation    proceedings    30 

Water  Regulations 30 

Water   regulations 30 

Apportionment   of  water 30 

General   Elections 31 

Irrigation  district  officers  to  be  elected 31 

Official   bonds 31 

If  election  be  not  held ^ 32 

Beginning  of  term  ;  organization  of  board 32 

Notice  of  elections;  election  officers i 32 

Powers  and  duties  of  election  officers 33 

Ballots;   manner  of  voting ^ 33 

Nominating   petitions    33 

Voting  and  counting  of  votes 33 

Canvass  of  votes 34 

Statement  of  results;  vacancies,  how  filled 34 

Qualification    of   director 35 

Consolidation    of   offices 35 

Number  of  directors 35 

Recall  of  officers _  35 

Title  to  Property 37 

Title  to  property  vests  In  district 37 

Issuance   of   Bonds 38 

Estimate  of  money  needed  for  Improvements 38 

Report  submitted  to  Irrigation  district  bond  commission 38 

Order  determining  amoimt  of  bonds 39 

Special    election    39 

Notice  of   election 40 

Questions  on  ballot;  two-thirds  vote 40 

Life  of  l)onds;  interest;  denominations 41 

Sale  of  bonds 43 

Election  on  sale  of  bonds  for  less  than  par 43 

Paid  by  annual   assessment 44 

Assessment  for  Completion  of  Works 44 

Assessments  to  complete  works;  notice  of  election:  ballots 44 

Duties  of  the  Assessor 45 

Duty  of  assessor;   improvements  exempt 45 

Assessor's  deputies 4d 

Time  for  completion  of  assessment  book;  time  for  equalizing  assessments-  46 

Equalization   of   Assessment ^6 

Hearings  on  objections  to  assessments 46 


CONTENTS— Continued. 

1.  CALIFORNIA  IRRIGATION  DISTRICT  ACT— Continued.  Paqb 

Levy  of  and  Collkction  of  Taxes 46 

Assessment  for  interest,  principal,  rentals,  etc 46 

Duty  of  secretary 47 

Neglect  to  maice  assessment.- 47 

Duty  of  district  attorney 48 

Extension  of  time 48 

Assessment  of  land  omitted 49 

Unpaid  tolls  part  of  assessment 49 

Assessment  becomes  a  lien,  when 49 

Notice  that  assessments  are  due;  when  delinquent 49 

Suit  against  delinquent,  to  collect  assessment 50 

Publication  of  Delinquent  Notice 50 

Delinquent  list;  day  of  sale 60 

Sale  for  Delinquent  Taxes . 51 

Sale  of  property  for  delinquent  taxes 51 

Riglits  of  owner  of  realty ;   resale  In  default  of  payment ;   district  may 

purchase    51 

Certificate  of  sale 52 

Record  book  of  property  sold  for  assessments 62 

Redemption  of  Phoperty  Sold  for  Delinquent  Taxes 53 

Redemption    of   property 53 

Delinquent  taxes  not  bar  to  dissolution  ;  deed  of  land  sold 53 

Tax  deed  evidence  of  what 64 

Assessment  book  evidence  of  what 54 

Misnomer  does  not  invalidate , 54 

Settlements  between  secretary  and  collector . 55 

Redemption  op  Bonds  and  Payment  of  Interest 55 

Redemption  of  bonds 55 

Construction   of  Works 56 

Bids  for  construction  of  works 56 

Investigations  by  state  engineer 56 

Payment  of  claims 56 

Reports  to  be  forwarded  to  state  engineer 57 

Improvements  to  be  paid  for  from  construction  fund 57 

Right  of  way 58 

Governing  Directors 58 

Compensation  of  officers 58 

Directors  not  to  be  interested  in  contracts 59 

Special  Assessments 59 

Election  on  question  of  special  assessment 59 

Rate  of  assessments,  how  ascertained 60 

Incurring  Indebtedness 60 

Power  to  incur  indebtedness  restricted 60 

Warrants  not  paid  to  draw  interest 61 

Directors  may  purchase  irrigation  works 61 

Determination  of  validity  of  bonds 62 

Governing  the  Use  of  Water 62 

When  the  volume  of  water  is  insufficient 62 

Full  capacity  of  ditches 62 

Right  of  eminent  domain 62 

Exemption  from  Taxation — Creation  of  Funds 63 

Exemption  of  property  from  taxation 63 

Funds  created   63 

Unexpended  money 63 

General  Provisions 63 

Action  to  determine  validity  of  bonds 63 

Assessment  payer  may  bring  action 64 

Consolidation   of  actions 64 

Courts  must  disregard  errors,  etc. ;  rules  of  pleading 64 

Contests ' 64 

Penalty  for  violation  of  duty 65 

Exclusion  of  Lands 65 

Boundaries  m<ay  be  changed  to  exclude  lands 65 

Petition  of  owners  for  exclusion  of  land 65 

Publication  of  filing  of  petition  ;  contents  of  notice 65 

Hearing  of  petition  ;  failure  to  show  cause  deemed  assent 66 

Power  of  board  to  exclude  land  from  district 66 

As.sent  of  bondholders;  release  from  lien 67 

Change  of  boundaries  to  be  recorded;  organization  not  affected 68 

Office  of  director  of  excluded  division  declared  vacant 68 

Division  of  district fij 

Rights  of  guardian,  administrator  or  executor 68 

Lands  excluded  not  released  from  liabilities  for  indebtedness 69 

Inclusion  of  Lands 69 

Boundaries  mav  be  changed  to  include  lands 69 

Procedure  for  inclusion  of  lands > 69 

Notice  of  filing  of  petition '0 


CONTENTS— Continued. 

I.  CALIFORNIA  IRRIGATION  DISTRICT  ACT— Continued. 

Inclusion  ok  Lands — Continued.  Page 

Hearing  of  petition , 70 

Condition  precedent 70 

Cliange   in   boundaries 71 

Resolution  describing  boundaries 71 

Notice  of  election  ;  ballots 72 

Majority  vote  to  decide  election 72 

Order  of  board  to  be  recorded 72 

Recording  petition  in  minutes 72 

Riglit.s  of  guardians,  executors  and  administrators 72 

Redivision  of  district 73 

Reduction  of  Bonded  Indebtrdness 7.3 

Election  on  question  of  reducing  bonded  Indebtedness 73 

Notice  of  election  ;  ballots 73 

Assent  of  bondholders 73 

Lease  of  Water 74 

Authority  of  board  to  lease 74 

Manner   of   procedure 74 

Opening  proposals 74 

Rentals 74 

Length  of  lease;  forfeiture 75 

Bond  of  lessee " 75 

Destruction  op  Unsold  Bonds 75 

Election  on  question  of  destroying  unsold  bonds 75 

Notice  of  election  ;   ballots 75 

Two-thirds  majority  required 75 

Saving  Clauses 7fi 

Existing  districts  and  existing  rights  not  affected 76 

ElTect  on  prior  acts 70 

Time  of  taking  effect 7fi 

Title  of  act 76 

Supplementary  Legislation 77 

Payment  of  assessments  in  two  installments 77 

Resolution   by  directors 77 

Time  of  passing  or  rescinding  resolution 78 

When  assessments  become  delinquent 78 

Effect    of    act 78 

Refunding   Bonded   Indebtedness 78 

Election  on  question  of  refunding  indebtedness 78 

Form  of  refunding  bonds 79 

Assessment  to  pay  interest  and  principal 79 

Development  of  Electrical  Power 79 

Irrigation  district  may  develop  power 79 

Powers  of  board  and  officers 80 

Issue  of  bonds 80 

Repeal    SO 

DissoLiTTioN  6f  District 80 

Co-operation  with  Districts  in  Adjoining  States 80 

Co-operation  with  United  States  Government 81 

Release  of  Claims  of  Bonds  Surrendered  for  Cancei-lation ^ 81 

Validation  of  Bonds  Issued ^.^i^v 81 

II.  CALITi-ORNIA   IRRIGATION   ACT r-ot^^'-'-M^''"—  ^2 

Irrigation   board   created \^_   jif.:i_r_ 82 

Interest  of  state  in  water  storage  paramount .,_^5*-» tJigiAj..  _  ^ 83 

Powers  of  irrigation  board ^r-f^- 3^----£r€^--- ^^ 


Surveys  by  state  engineering  department_o55 —   ^iir — -r^d^ 84 

Petition  to  organize  district .^^X*--  ^^--^^^->. *-jf-^  84 

Converting  other  districts  into  dJMj^Ts  ui*der*act_S,i.\ .^:i2i? 87 

Powers  of  board  of  directoi««:£> ^c&_ vJ> ft-C--' 87 

Conservation    di.strlcts  ,  ..p^->___cJV^---*^V-- ^.^--^-f^-^ "S 

When  works  benefit .m^fflowpE£'KinA«tO->---<f^i---A*>--x-<v'2^-- 91 


Member  ;j^^V*%t^^rie<5^.^^C^.^_.^^.?_„.^^-.._„  92 


Apportlotytty-fitrfit   yateiia>:(l*^^-.jv^V.-     -  _y__.,^^Si 

Pawdfcto  coHtffiatf  fo^^ViyniAjP  T)f  mprS^exnajMled_J__- 
P(>wr6r-tB  f»i&ol*^  l.ttid.  etcT^-j-V^r-.-^V??- 


94 
94 


Po^r  t»[)1fiake  contraqtP^jP-.-#-VJe 9.'? 

Surveys,  etc..  of  confor^noovdiMncts 96 

Issue  of  bonds ^--0?'___VQV:__ 100 

Surveys.  et(W^P^irri«.-*t.»iT  district 106 

Defrayi'^^XTiorre^Cn^ior  to  making  assessments 111 

Issue   of 'nond.s__Y 111 

Application  of  act 117 

Proceeding  initiated  under  former  acts 113 


CONTENTS— Continued. 

Page 

III.  CAREY  ACT  COMMISSION  ACT 119 

Acceptance  of  conditions  of  act  of  Congress Z           Z~  119 

Organization  of  Carey  Act  Commission ■ ; II_III"II_I  119 

Reclamation   of  desert   lands " IZII_  119 

State   engineer's    investigation IZIIIIII 120 

State  water  commission  and  agricultural  reports I III  120 

Designation  of  project ~_ 121 

Appropriation  of  water ~  122 

Rtvising  additional  money 122 

Sale  of  bonds Z.  123 

Assessments    123 

Series   of   bonds 1  124 

Payment  of  interest  and  principal 125 

Annual   assessment . 126 

District   superintendent    . 126 

Bids  on  construction  of  works 126 

Contract  for  construction  of  works 127 

Failure  to  begin  on  time 128 

Payments  to  contractor 128 

Classifictition   of  lands 129 

Map  filed  with  recorder 129 

Amended  maps  on  completion  of 'works 130 

Assignment  of  entry 130 

Entryman  to  become  resident 131 

Order  of  construction  of  works 132 

Qualifications   of   applicants 132 

Assessments  based  on  irrigation  charge 133 

Notice  of  assessments  due 133 

Publication   of  delinquent   list 134 

Collections  in  addition  to  assessments 134 

Sale  certificate 135 

Record  of  land  sold — 135 

Assessment  book,  etc.,  as  evidence 135 

Sale  of  part  of  land 13.-i 

Redemption    of    property 136 

Recital    in    deed 136 

Mistakes  do  not  render  sale  void 137 

Legal  title  vested  in  state 137 

Disposition  of  entryman's  payments 137 

Fund  available  for  delinquent  assessments 137 

Deposits  in  state  treasury a 138 

Expenses  of  commission  and  warrants  for  work  done 138 

Duties  of   register 138 

Fees    138 

Disposition   of   proceeds ^ 139 

Monthly   accounting    139 

Investigations  of  commission , 139 

Annual    report    139 

Attorney  general  legal  advisor 140 

State   not   liable 140 

By-laws    140 

Meetings    of   commission 140 

IV.  COUNTY    WATER    DISTRICTS 141 

Organization  of  district 141 

Who  may  orga?iize 141 

Petition   and    election 141 

Election  of  directors 143 

Nomination  and  election  of  officers 144 

General  laws  to  govern 148 

Officers  subject  to  recall 148 

Organization   of  board 148 

Ordinances    149 

General  manager,  secretary  and  auditor 149 

Informality  not  to  invalidate 149 

Powers  of  district 149 

Powers  exercised  by  board 151 

Duties  of  officers  of  board 151 

Bonded  indebtedness 151 

Two-thirds  vote   necessary 152 

Value  of  bonds  issued 152 

Power  to  construct  works 152 

Water    rates    153 

Rate  to  pay  operating  expenses 153 

Tax  levy  to  pay  deficit 153 

Levy  and  collection  of  tax 153 

Initiative    153 

Referendum   154 

Adding  to  district 154 

Other  water  acts  not  repealed 154 

Duties  performed  by  registrar  of  voters 1^5 

Exclusion   of   territory 155 


CONTENTS— Continued. 

Page 

V.  COUNTY  WATERWORKS  DISTRICT  ACT 157 

Formation  of  county  waterworks  districts 157 

Petition    157 

Hearing   on    petition 1 158 

Written  protests;  changes  in  boundaries 158 

Election  ;   rate  of  interest 159 

Conduct  of  election 159 

Form  of  bonds '. 160 

Issue  and  sale  of  lK)nds 160 

Tax  levy  for  principal  and  interest 161 

Tax  for  maintenance  ;  water  rates 161 

Contracts  for  improvements 162 

Rules  and   regulations 162 

Title  to  property;  annexation  to  municipal  corporation 162 

Dissolution   of   district 163 

Alternative   metliod   provided , 164 

Construction    164 

Cliange  of  name;  proceedings  not  affected 164 

'         Bonds 164 

Unsold  bonds  of  district 164 

Report  on  district's  affairs 165 

Report  filed  with  controller 165 

Form  of  controller's  certificate 166 

Members  of  commission 167 

Expenses    167 

Bonds  legal   investments 167 

VI.  MISCELLANEOUS    168 

Irrigation  District  Bond  Commission 168 

Resolution  declaring  bonds  available  as  legal  investments 168 

Report  of  irrigation  district  bond  commission 16S 

Certification   by  state  controller 169 

Provisions  of  section   two  directory 170 

No  expenditures  without  consent  of  commission 170 

Certification  of  bonds  as  needed 170 

Form  of  controller's  certificate 170 

Irrigation  district  bond  commission  created 171 

Expenses    171 

Bonds  certified  legal  Investments  for  trust  funds,  etc 171 

Registration  of   Bonds 172 

Assessment  of  Public  Lands  Subject  to  Entry 172 

State  lands  in  district  to  be  assessed 172 

Notice  served  on  surveyor  general 172 

Assessment  a  lien 173 

Terms  of  Contracts  for  Furnishing  Water  for  Irrigation 173 

Contracts  with  V.  S.  Reclamation  Service 173 

Drainage  by  Irrigation  Districts 174 

Agricultural  Expert   174 

Dissolution  of  District 174 

Flood  Protbc?tion  in  Districts  with  Area  of  More  Than  500,000  Acres 174 

Cou.NTY  Assessment  Hook  Furnished  District 174 

Irrigation  Declared  a  Public  Use 174 

Opening  Private  Way  for  Canal 174 

I^nalty  for  Damaging  Canal,  etc 174 

Penalty  for  Taking  Water  from  or  Obstructing  Canal,  etc 175 

Imperial  Irrigation  District 175 

Legislative  Validation  of  Irrigation  Districts 175 

Anderson-Cottonwood 175 

Baxter   Creek    175 

Carmichael    175 

Fair  Oaks 175 

Happy  Valley  .• 175 

Imperial     175 

.lacinto    175 

La  Mes<i,  Lemon  Grove  and  Spring  Valley 175 

Lindsay-Strathmore    175 

Modesto    175 

Oakdale    175 

Paradise 175 

Princeton-Codora-Glenn 175 

Red    Rock   Creek 175 

San    YHdro    175 

South   San   Joaquin 175 

Stratford    175 

Terra    Bella    175 

Tranquillity     175 

Turlock 175 

Waterford    I'S 

West   Side   175 

Conservancy  Districts 176 

County  Power  Pumping  Districts 176 


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in  2007  witii  funding  from 

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http://www.arcliive.org/details/californiairrigaOOcaliiala 


INTRODUCTION. 


The  past  decade  has  seen  a  marked  increase  in  the  organization  of 
irrigation  districts  in  California.  This  has  naturally  been  accompanied 
hy,  and  in  fact  has  also  largely  resulted  from,  fundamental  improve- 
ments in  the  Wright  Irrigation  District  Act  as  revised  and  re-enacted  in 
1897  and  now  by  law  designated  the  "California  Irrigation  District 
Act." 

The  original  Wright  Act  was  plainly  defective,  among  other  particu- 
lars, in  not  providing  for  sufficient  state  supervision  to  prevent  the 
organization  of  wholly  speculative  districts  and  districts  for  other 
reasons  not  justified  or  feasible;  also  in  failing  to  give  the  state  any 
control  of  irrigation  district  finances.  During  the  eight  years  1887  to 
1895,  immediately  following  the  original  enactment,  each  succeeding 
legislature  passed  amendments  of  more  or  less  importance,  but  these  did 
not  correct  the  fundamental  objections,  either  as  to  organization  or 
financing.  More  important  changes  were  made  when  the  law  was 
re-enacted  in  1897  under  the  legislative  leadership  of  Judge  E.  A. 
Bridgford.  The  essential  purport  of  the  law  was  not,  however,  altered 
by  this  re-enactment  and  the  new  act  was  in  many  of  its  provisions  but 
a  slight  verbal  revision  of  the  old  one.  Radical  changes,  however,  were 
made  in  the  procedure  for  organization  and  for  incurring  indebtedness. 
These  changes  were  planned  virtually  to  stop  new  development  under 
the  law  and  for  more  than  ten  years  that  was  their  effect.  The  legis- 
lature that  substituted  the  amended  law  also  passed  a  funding  act  under 
which  districts  were  permitted  to  discharge  their  indebtedness  with 
new  bonds.  For  the  next  four  years  the  law  was  left  unaltered,  but 
beginning  in  1901,  and  more  particularly  at  each  legislature  from  1909 
to  1919,  amendments  and  supplementary  acts  have  been  adopted  that 
have  greatly  changed  and  strengthened  it.  The  more  essential  changes 
have  been  as  follows:  (1)  Kequiring  petitions  for  the  formation  of 
irrigation  districts  to  be  referred  by  the  board  of  supervisors  of  counties 
to  the  state  engim^er  for  report,  and  giving  the  state  engineer  ninety 
days  in  which  to  "report,  make  or  cause  to  be  made  such  preliminary 
investigations  as  may  be  i)racticable,  with  a  view  to  determining  the 
feasibility  of  the  project  proposed  to  be  undertaken'';  (2)  creating  an 
irrigation  district  bond  commission,  composed  of  the  state  engineer, 
state  superintendent  of  banks,  and  the  attorney  general  of  the  state, 
which,  prior  to  bond  elections,  must  pass  on  proposed  bond  issues, 
and  which  may  validate  bonds  that  have  been  voted,  in  whole  or  in 
part,  so  as  to  make  them  legal  invastments  for  funds  of  banks,  insurance 
and  trust  companies,  trusts  and  state  school  funds,  and  so  as  to  permit 
them  to  be  used  as  security  for  the  performance  of  any  act  the  same  as 
bonds  of  cities,  counties,  school  districts  or  municipalities;  (3)  per- 
mitting the  organization  of  districts  to  be  proposed  by  500  petitioners, 
each  petitioner  to  the  number  of  at  least  500  to  be  an  elector  residing 
in  the  proposed  district  or  the  holder  of  title  or  evidence  of  title  to 
land  therein;  (4)  reducing  the  number  of  votes  necessary  to  carry  the 
organization  of  an  irrigation  district  from  two-thirds  to  a  majority  of 
ail  votes  cast;*  and  (5)  permitting  boards  of  directors  of  districts  to 

•This  amendment,  passed  In  1919,  is  subject  to  referendum  vote  at  the  next 
general  election  succeeding  the  legislature  of  1919. 


8 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 


call  bond  elections  to  cover  expenditures,  approved  by  the  irrigation 
district  bond  commission,  without  petition  of  the  landowners,  as  neces- 
sary from  1897  to  1919,  but  requiring  a  two-thirds  instead  of  a  majority 
vote  to  carry  such  elections.* 

IRRIGATION  DISTRICTS  AS  OF  DECEMBER  1,  1919. 

The  irrigation  districts  legally  in  existence  December  1,  1919,  are 
listed  below.  This  list  does  not  include  several  of  the  original  Wright 
Act  districts  organized  prior  to  1895  which  for  one  reason  or  another 
have  never  been  formally  dissolved,  but  which  have  never  been  active. 
The  list,  however,  does  include  six  districts  approved  by  the  state 
engineer  and  organized  in  1919  but  not  yet  fully  operating;  three 
organized  in  1919  but  not  reported  on  by  the  state  engineer;  and 
twelve  organized  after  1913  and  prior  to  1919  for  which  no  satisfactory 
plans  for  construction  or  operation  have  yet  been  made  and  which 
nave  issued  no  bonds.  Of  the  52  listed,  something  over  32  may  be 
properly  considered  as  operating.  Some  of  the  32  have  uierely  taken 
over  more  or  less  complete  water  systems  built  by  former  mutual  or 
public  utility  companies  and  may  or  may  not  be  in  full  working  order; 
others  have  completed  most  of  their  construction  and  are  thoroughly 
established.  Examples  of  the  former  are  such  districts  as  lieaumont 
and  Fairoaks;  examples  of  the  latter  are  Modesto,  Turlock  and  Alta. 


Irrigation    Districts  as  of   December   1,   1919. 


Name  of  district 


Alpaugb — 

Alta 

Anderson-Cottonwood    .. 

Baxter  Creek  

Beaximont    

Big  Rock  Oreeki 

Blackrock  

Brow-ns  Valley*  

Cardiff 

Carmichael    

Corcoran^ 

Cordua  

Crooks  Canyon* — 

Fairoaks  ._ 

Happy  Valley^  .. 

Honcut-Yuba    

Honey  Lake  Valley .'. 

Hot  Spring  Valley* 

Imperial    

Jacinto 

La  Mesa,  Lemon  Grove 

and  Spring  Valley^ 

Lindsay-Strathmore  

Little  Rock  Creek 

Long  Valley  Creek 


County 


Tulare  .. 

Tulare-Fresno. 

Shasta 

Lassen 

Riverside   

Los  Angeles  .. 

Inyo  _ 

Yuba    

San  Diego 

Sacramento   .. 

Kings  

Yuba   

Modoc  _. 

Sacramento   „ 

Tehama    

Butte 

Lassen    

Modoc 

Imperial    

Glenn 


San   Diego   .- 

Tulare    

Los  Angeles 
Lassen    


Year 
organ- 
ized 


1914 
1888 
1914 
1916 
1919 
1890 
1915 
1888 
1916 
1915 
1919 
1919 
1919 
1917 
1891 
1919 
1916 
1919 
1911 
1918 

1913 
1915 
1892 
1916 


Area 
(acres) 


7,576 

130,000 

32,500 

ll.COO 

961 

30,000 

1,210 

44,328 

70O 

3,113 

48,660 

5,422 


4,000 
18,800 
26,500 
33,150 

5,500 

576,600 

19,660 

14,791 

15,775 

3,000 

Sl.OOO 


Bonds 
voted 


$280,000 

543,000 

1.055,000 


253,000 
140,000 
90,000 


2CO,000 
616,000 


6,000,000 


1,232,500 

1,400,000 

60,000 


Address  of  secretary 


Alpaugh 

Dinuba 

Anderson 

Lassen 

Beaumont 

Yermo 

Big  Pine 

Urowns  Valley 

Cardiff  by  the  Sea 

R.  F.  D..  Sacramento 

Corcoran 

Marysville 

Alturas 

Fairoaks 

Olinda 

Honcut 

Amadee 

Alturas 

El  Centro 

Jacinto 

La  Mesa 
Lindsay 
Little  Rock 
Doyle 


^Big  Rock  <'reck  district  was  dormant  for  many  years;  revived  in  1914. 

"Browns  Valley  <listrirt  paid  off  its  bonds  at  30  cents  on  the  dollar. 

•■■Bond  issue  pending;  Corcoran  district  has  applied  for  pennission  to  issue  $760,000  of  bonds. 

*Crooks  Canyon  district  formed  without  report  by  state  engineer;  no  data  on  hand. 

■•Happy  Valley  district  revived  in  1917.  Only  !f280,000  of  its  bonds,  required  for  present  needs, 
have  l>een  validate*!. 

"Acreage  estimated. 

''This  district's  bonds  have  never  been  validated. 

•Bulletin  No.  2,  of  the  State  Department  of  Engineering,  contains  a  full  discussion  of  Cali- 
fornia irrigation  districts  from  1887  to  1916. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 
Irrigation   Districts  as  of  December  1,  1919 — Continued. 


Name  of  district 


Maxvell  

Merced  

Modesto 

Mojave  River 

Newport  Heights 

Newport  Mesa 

Oakdale  .' 


Oroville-Wyandotte^ 

Palmdale 

Paradise   

Prfncton-Codora-Glenn  . 

Provident  . 

Bedrock  Creek 

San  Ysidro 

Scott  Val]ey»  

Southern  Lassen 

South  San  Joaquin 

Stratford   _ 

Surprise  Valley 

Terra  Bella 

I'ranquillity 

Tulare^o 

Turloek   " 


Victor  VaHey 

Walnut^'    

Waterford    

Webster  

Westslde  


Total  acreage" 

Total   bonded   Indebted 


County 


Colusa    

Merced    ...- 

Stanislaus 

San  Bernardino 

Riverside   

Riverside  

Stanislaus-San 

•Joaquin    

Butte 

Los   Angeles   .. 

Butte    

Glenn-Oolusa  .. 
Oolusa-Glenn  .. 

Lassen    

San  Diego 

Siskiyou    

Lassen    

San  .Joaquin  .. 

Kings  

Modoc ; — 

Tulare  

Fresno    

Tulare  

Stanislaus- 
Merced    

San  Bernardino 
Los  Angeles  ... 

Stanislaus    

Madera  .: 

San  Joaquin  .. 


Year 
OTEan- 
Ized 


1918 
1019 
1887 
1917 
1918 
1918 

1909 
1919 
1918 
1916 
1917 
1918 
1918 
1911 
1917 
1915 
1909 
1915 
1918 
1915 
1917 
1889 

1887 
1917 
1893 
1914 
1915 
1915 


nes«i3 


Area 
(acres) 


8,000 

173,0CO-t- 

81,183 

27.665 

1,503 

«ro 

74,146 
25,000 

4,000 
11,300 
18,200 
20,756 

3,700 
485 

5,.540 
21,500 
Tl.OnO 

9,200 
17,500 
12,000 
11,300 
39,330 

175,566 
71,517 
86^ 
14,434 
15,000 
11,700 


1,992,794 


Booda 
voted 


270,000 
2,215,021 


2,399,500 
490,OW 


25,000 
125,000 


3,835,000 


1,000,000 

500,000 

2,572,800 


465,000 
410,000 


$26,175,821 


Address  of  secretary 


Colusa 
Merced 
Modesto 
Victorville 
Santa  Ana 
Santa  Ana 

Oakdale 

Oroville 

Palmdale 

Paradise 

Willows 

Willows 

Ravendale 

San  Ysidro 

Fort  Scott 

Doyle 

Manteca 

Stratford 

Fort  Bidwell 

Terra  Bella 

Tranquillity 

Tulare 

Turlock 

Riviera 
Waterford 
Madera 
Tracy 


^.Acreage  estimated. 

"Bond  issue  of  $125,000  approved  by  state  engineer;  Scott  Valley  district  had  asked  for  only 
if83,0:)0. 

'"Tiilare  district  bouglit  up  its  bonds  at  '>3  cents  and  bumwl  them  In  1903. 

"Walnut  district  never  issued  Iwnds;  all  expenses  have  been  met  by  tolls  and  assessments. 

"Plus  unknown  acreage  in  Crooks  Canyon  district. 

'•''Les.s  $f>»o,0(Xt,  Browns  Valley  and  Tulare  districts'  Bonds  paiil  and  canceled;  also  less  some 
bonds  paid  by  .Mta,  Modesto  and  IXirlock  districts. 

ADDITIONAL  LAWS. 
In  1913,  three  additional  laws  relating  to  irrigation  and  water  dis- 
tricts were  passed  by  the  legislature  (Stats.  1913,  chapters  370,  387, 
592).  The  only  one  of  these  acts  under  Vhich  anything  has  heeii 
accomplished  is  chapter  370,  Stats.  1913,  amended  in  1915,  now  known 
as  the  "County  Water  Works  Act."  Under  this  act  Los  Angeles 
County  Water  Works  Districts  Nos.  2  and  3  have  been  formed  in  San 
Fernando  Valley  to  make  use  of  Los  Angeles  aqueduct  water.  In  1915 
the  ''Carej'  Act  Commission  Act"  was  pa.s.sed.  this  generally  being 
intended  to  supersede  chapter  387.  Stats.  1913,  but  there  has  been  no 
action  under  it.  In  1915  the  "California  Irrigation  Act"  was  pas.sed. 
permitting  the  organization  of  conservation  districts  and  a  new  tyr>e 
of  irrigation  district.  While  ])roposed  in  the  interest  of  intended  devel- 
opment in  Sacramento  Valley,  Ihis  hiw  was  revised  in  1917,  and  further 
revised  and  re-enacted  in  1919,  at  the  instance  cliietly  of  those  interested 
in  the  formation  of  a  conservation  district  on  Kings  River.  This  law 
creates  a  state  irrigation  bo.ird.  No  eon.servfition  distriet  and  only  one 
irrigation  district  has  been  formed  under  tliis  act.  but  a  number  of  the 
latter  are  now  pending. 


10  CALIFORNIA  IRRIGATION  DISTRICT   LAWS. 


OUTLINE     OF     PROCEDURE     FOR     THE     FORMATION     OF    A     WRIGHT 
IRRIGATION   DISTRICT. 

The  following  brief  outline  of  the  procedure  to  be  followed  in  the 
formation  of  an  irrigation  district  under  the  California  Irrigation 
Di.strict  Act,  while  not  intended  for  lawyers,  may  be  of  interest  to  com- 
munities contemplating  this  type  of  organization. 

(1)  Determination  of  the  general  practicability  of  the  proposed 
project.  Advice  may  be  obtained  from  the  State  Department  of 
Engineering,  the  College  of  Agriculture  of  the  University  of  California, 
the  State  Water  Commission,  and  federal  agencies  interested  in  irriga- 
tion in  California. 

(2)  Determination  of  boundaries  of  proposed  district  and  of  pro- 
posed source  of  water  supply. 

(3)  Circulation  of  petition  among  property  owners  within  proposed 
district.  Petitions  must  contain  the  names  of  a  majority  of  the  holders 
of  title  to  lands  within  the  proposed  district  representing  a  majority 
in  value  of  said  land ;  or  they  may  contain  the  names  of  500  electors  or 
landowners  within  the  proposed  district.  This  petition  should  be  drawn 
up  and  circulated  under  competent  legal  advice.     (Sec.  2.) 

(4)  Advertise  proposal  to  present  petition  for  two  weeks  in  some 
newspaper  of  general  circulation  in  the  county  or  counties  in  which  the 
proposed  district  is  situated,     (Sec.  2.) 

(5)  Present  petition  to  board  of  supervisors  at  date  specified  in 
advertised  notice  and  forward  copy  of  petition  to  state  engineer. 
(Sec.  2.) 

(6)  Hearing  on  sufficiency  of  petition  by  county  board  of  supervisors 
(Sec.  2)  and  if  found  sufficient,  forwarding  of  copy  of  the  determination 
of  the  board  of  supervisors  to  the  state  engineer  for  report.     (Sec.  2.) 

(7)  After  receiving  the  report  of  the  state  engineer,  and  if  the  pro- 
posed district  is  approved,  final  hearing  on  the  matter  by  the  board  of 
supervisors  and  calling  of  election  on  organization,  notice  of  such 
election  to  be  published  for  at  least  three  weeks  prior  thereto,  and 
officers  of  tlie  district  to  be  voted  on  along  with  the  matter  of  organiza- 
tion.    (Sees.  6  to  8.) 

(8)  I3oard  of  supervisors  to  canvass  votes  cast  at  the  election,  and 
if  carried,  to  declare  district  duly  organized,     (Sec.  9.) 

(9)  Organization  of  the  board  of  directors  and  employment  of  an 
engineer  to  prepare  plans  for  the  district;  determination  by  board  of 
directors  of  the  amount  of  bonds  necessary;  reference  of  plans  and 
specifications  to  the  irrigation  district  bond  commission.  (Sees.  13, 
30,  and  30a.) 

(10)  Report  by  the  irrigation  district  bond  commission  and,  if 
favorable,  the  calling  of  a  bond  election  by  the  board  of  directors. 
(Sec.  30a,) 

(11)  Iteference  of  bond  issue  to  irrigation  district  bond  commission 
for  validation,  (Special  act  Stats.  1913,  p.  778;  Stats.  1915,  p,  692; 
Stats,  1917,  p,  582;  Stats.  1919,  p.  1207.) 

With  these  and  other  related  steps  fully  set  forth  In  the  act,  the 
district  is  ready  to  purchase  or  construct  irrigation  works  and  otherwise 
carry  out  proposals  for  which  it  has  been  formed. 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  ll 

.CONSTITUTIONAL    PROVISIONS    RELATING    TO 
WATER  AND  IRRIGATION  DISTRICTS. 


TAKING  IMMEDIATE  POSSESSION  IN  EMINENT  DOMAIN 
PROCEEDINGS. 


Article  I, 

Sec.  14.  Private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation  having  fii'st  been  made  to,  or  paid  into 
court  for,  the  owner,  and  no  right  of  way  shall  be  appropriated  to  the 
use  of  any  corporation,  except  a  municipal  corporation  or  a  county, 
until  full  compensation  therefor  be  first  made  in  money  or  ascertained 
and  paid  into  court  for  the  owner,  irrespective  of  any  benefits  from 
any  improvement  proposed  by  such  corporation,  which  compensation 
shall  be  ascertained  by  a  jury,  unless  a  jury  be  waived,  as  in  other 
civil  cases  in  a  court  of  record,  as  shall  be  prescribed  by  law ;  provided, 
that  in  an  action  in  eminent  domain  brought  by  the  state,  or  a  county, 
or  a  municipal  corporation,  or  a  drainage,  irrigation,  levee,  or  reclama- 
tion district,  the  aforesaid  state  or  political  subdivision  thereof,  or 
district  may  take  immediate  possession  and  use  of  any  right  of  way 
required  for  a  public  use  whether  the  fee  thereof  or  an  easement  there- 
for be  sought  upon  first  commencing  eminent  domain  proceedings 
according  to  law  in  a  court  of  competent  jurisdiction  and  thereupon 
giving  such  security  in  the  way  of  money  deposits  as  the  court  in  which 
such  proceedings  are  pending  may  direct,  and  in  such  amounts  as  the 
court  may  determine  to  be  reasonably  adequate  to  secure  to  the  owner 
of  the  property  sought  to  be  taken  immediate  payment  of  just  compen- 
sation for  such  taking  and  any  damage  incident  thereto,  including  dam- 
ages sustained  by  reason  of  an  adjudication  that  there  is  no  necessity 
for  taking  the  property,  as  soon  as  the  same  can  be  ascertained  accord- 
ing to  law.  The  court  may,  upon  motion  of  any  party  to  said  eminent 
domain  proceedings,  after  such  notice  to  the  other  parties  as  the  court 
may  prescribe,  alter  the  amount  of  such  security  so  required  in  such 
proceedings.  The  taking  of  private  property  for  a  railroad  run  by 
steam  or  electric  power  for  logging  or  lumbering  purposes  shall  be 
deemed  a  taking  for  a  public  use,  and  any  person,  firm,  company  or 
corporation  taking  private  property  under  the  law  of  eminent  domain 
for  such  purposes  shall  thereupon  and  thereby  become  a  common  carrier. 
(Amendment  adopted  November  5,  1918.) 

ACQUIRING  STOCK  IN  FOREIGN  CORPORATION. 

Article  IV. 

Sec.  31.     *    *    *     .  provided,  further,  that  irrigation   districts  for 

the  purpose  of  acquiring  the  control  of  any  entire  international  water 

system  necessary  for  its  use  and  purposes,  a  part  of  which  is  situated 

in  the  United  States,  and  a  part  thereof  in  a  foreign  country,  may  in 


12  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

the  manner  authorized  by  law,  acquire  the  stock  of  any  foreign  cor- 
poration which  is  the  owner  of,  or  which  holds  the  title  to  the  part  of 
such  system  situated  in  a  foreign  country.  (Amendment  adopted 
November  3, 1914.) 

LEGISLATIVE  POWER  TO  PROVIDE  FOR  SUPERVISION  OF 

DISTRICTS. 

Article  XI. 

Sec.  13.  The  legislature  shall  not  delegate  to  any  special  commis- 
sion, private  corporation,  company,  association  or  individual  any  power 
to  make,  control,  appropriate,  supervise  orJin  any  way  interfere  with 
any  county,  city,  town  or  municipal  improvement,  money,  property,  or 
effects,  whether  held  in  trust  or  otherwise,  or  to  levy  taxes  or  assess- 
ments or  perform  any  municipal  function  whatever,  except  that  the 
legislature  shall  have  power  to  provide  for  the  supervision,  regulation 
and  conduct,  in  such  manner  as  it  may  determine,  of  the  affairs  of  irri- 
gation districts,  reclamation  districts  or  drainage  districts,  organized  or 
existing  under  any  law  of  this  state.  (Amendment  adopted  Novem- 
ber 3,  1914.) 

PAYMENT  OF  BONDS. 

Article  XI. 

Sec.  13|.  Any  county,  city  and  county,  city,  town,  municipality, 
irrigation  district,  or  other  public  corporation,  issuing  bonds  under  the 
laws  of  the  state,  is  hereby  authorized  and  empowered  to  make  said 
bonds  and  the  interest  thereon  payable  at  any  place  or  places  within  or 
outside  of  the  United  States,  and  in  any  money,  domestic  or  foreign, 
designated  in  said  bonds.     (Amendment  adopted  November  3,  1914.) 

BONDS  EXEMPT  FROM  TAXATION. 

Article  XIII. 

Sec.  1|.  All  bonds  hereafter  issued  by  the  State  of  California,  or  by 
any  county,  city  and  county,  municipal  corporation,  or  district  (includ- 
ing school,  reclamation,  and  irrigation  districts)  within  said  state,  shall 
be  free  and  exempt  from  taxation.  (New  section  adopted  November  4, 
1902.) 

WATER  AND  WATER  RIGHTS. 

Article  XIV. 

Section  1.  The  use  of  all  water  now  appropriated,  or  that  may  here- 
after be  appropriated,  for  sale,  rental,  or  distribution,  is  hereby  declared 
to  be  a  public  use,  and  subject  to  the  regulation  and  control  of  the 
state,  in  the  manner  to  be  prescribed  by  law:  proiHfUd,  that  the  rates 
or  compensation  to  be  collected  by  any  person,  company,  or  corporation 
in  this  state  for  the  use  of  water  supplied  to  any  city  and  county,  or 
city,  or  town,  or  the  inhabitants  thereof,  shall  be  fixed,  annually,  by 
the  board  of  supervisors,  or  city  and  county,  or  city,  or  town  council,  or 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  13 

other  governing  body  of  siicli  city  and  (ionnty.  or  city,  or  town,  by  ordi- 
nance or  otherwise,  in  the  manner  that  other  ordinances  or  legislative 
acts  or  resolutions  are  passed  by  such  ])ody,  and  shall  continue  in  force 
for  one  year  and  no  longer.  Such  ordinances  or  resolutions  shall  be 
passed  in  the  month  of  February  of  each  year,  and  take  effect  on  the 
first  day  of  July  thereafter.  Any  board  or  body  failing  to  pass  the 
necessary  ordinances  or  resolutions  fi.xing  water  rates,  where  necessary, 
within  such  time,  shall  be  subject  to  peremptory  process  to  compel 
action,  at  the  suit  of  any  party  interasted,  and  shall  be  liable  to  such 
further  processes  and  penalties  as  the  legislature  may  prescribe.  Any 
person,  company,  or  corporation  collecting  water  rates  in  any  city  and 
county,  or  city,  or  town  in  this  state  otherwise  than  as  so  established, 
shall  forfeit  the  franchises  and  waterworks  of  such  person,  company,  or 
corporation  to  the  city  and  county,  or  city,  or  town,  where  the  same 
are  collected,  for  the  public  use; 


14  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 


I.     CALIFORNIA  IRRIGATION  DISTRICT  ACT/ 

An  act  to  provide  for  the  organization  and  government  of  irrigation 
districts,  and  to  provide  for  the  acquisition  and  construction  thereby 
of  works  for  the  irrigation  of  the  lands  embraced  within  such  dis- 
tricts, and,  also,  to  provide  for  the  distribution  of  water  for  irriga- 
tion purposes. 

(Approved  March  31,  1897,  Stats.  1897,  p.  254;  amended  Stats.  1901,  p.  815; 
1905,  p.  27  ;  1909.  pp.  12,  46,  429,  461,  998,  1062,  1075  ;  1911,  pp.  509,  1111 ;  1911  (extra 
session),  pp.  135,  139,  248;  1913,  pp.  59,  781,  993;  1915,  pp.  836,  1291,  1326,  1367;  1917, 
pp.  751,  915;  1919,  pp.  472,  660,  714.) 

ORGANIZATION. 
Who  may  propose  the  organization  of  an  irrigation  district. 

Section  1.  A  majority  in  number  of  the  holders  of  title,  or  evidences 
of  title,  including  the  holders  of  possessory  rights  under  receipts  or 
other  evidence  of  the  rights  of  entrymen  or  purchasers  under  any  law  of 
the  United  States  or  of  this  state,  to  lands  susceptible  of  irrigation  from 
a  common  source  and  by  the  same  system  of  works,  including  pumping 
from  subsurface  or  other  waters,  such  holders  of  title,  or  evidence  of 
title  and  of  possessor^'  rights,  reprasenting.a  majority  in  value  of  said 
lands,  according  to  the  equalized  county  assessment  roll  or  rolls  for  the 
year  last  preceding,  may  propose  the  organization  of  an  irrigation 
district,  under  the  provisions  of  this  act;  or  the  organization  of  an 
irrigation  district  of  land  susceptible  of  irrigation  from  a  common 
source  and  by  the  same  system  of  works,  including  pumping  from  sub- 
surface or  other  waters,  under  the  provisions  of  this  act,  may  be 
proposed  by  written  petition  signed  by  not  less  than  five  hundred 
petitioners,  each  petitioner  to  be  an  adult  person  residing  in  the  pro- 
pased  district,  or  to  be  some  person,  corporation,  association  or  partner- 
ship, the  holder  of  title  to  lands  in  said  proposed  irrigation  district,  or 
evidence  of  title  to  land  in  said  proposed  irrigation  district,  including 
the  holders  of  possessory  rights  under  receipts  or  other  evidence  of  the 
rights  of  entrymen  or  purchasers  under  any  law  of  the  United  States 
or  of  this  state,  the  said  petitioners  signing  said  petition  shall  include 
the  owners  of  not  less  than  twenty  per  cent  in  value  of  the  land  within 
said  proposed  irrigation  district  according  to  the  equalized  county 
assessment  roll  or  rolls  for  the  year  last  preceding.  Such  lands  pro- 
posed to  be  organized  into  an  irrigation  district  need  not  consist  of 
contiguous  parcels. 

Said  equalized  assessment  roll  or  rolls  shall  be  sufficient  evidence  of 
title  and  of  such  possessory  rights,  for  the  purposes  of  this  act,  except 
that  where  property  is  assessed  to  unknown  owners  or  the  assessment 
roll  does  not  purport  to  give  the  true  name  or  gives  the  names  of  a 
portion  only  of  the  owners  of  any  parcel,  the  actual  owners  of  said 
property  shall  be  considered  the  owners  for  all  the  purpo.ses  of  this 
act,  an(i  owners  of  undivided  interests  may  sign  for  such  interest  and 

*NoTE. — Because  the  present  act  continues  the  principles  of  the  original  Wright  Act 
of  1887,  it  Is  still  popularly  known  as  the  "Wright  Act."  The  Wright  Act  of  1887  was 
repealed,  however,  in  1897,  upon  the  passage  of  the  present  act. 

Most  of  the  annotations  on  this  act  were  prepared  by  Mr.  Francis  Carr.  The  notes 
under  section  two  were  largely  contributed  by  Mr.  L.  L.  Dennett. 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  -  15 

each  such  owner  shall  be  considered  as  one  assessment  payer;  and  pro- 
vided, further,  that  guardians,  executors,  administrators  or  other  per- 
sons holding  property  in  a  trust  capacity  under  appointment  of  court 
may  sign  any  petition  provided  for  in  this  act,  when  authorized  by  an 
order  of  court,  which  order  may  be  made  without  notice.  A  certificate 
of  acknowledgment  taken  before  a  notary  public  or  justice  of  the  peace 
of  any  state,  or  an  aflfidavit  by  any  person  in  the  presence  of  whom  such 
petition  was  signed,  shall  be  sufficient  evidence  of  the  genuineness  of 
such  signature  and  of  the  fact  of  place  of  residence  of  any  petitioner 
and  any  fact  going  to  the  qualifications  of  petitioners  under  this  act. 
(Stats.  1917,  p.  751.) 

Note. — The  above  section  is  now  in  force.  The  following  section  was  substituted 
by  the  Legislature  in  1919,  but  is  delayed  from  going  into  effect  by  referendum,  and 
will  be  voted  on  by  tlie  people  at  the  general  election  in  November,  1920,  or  at  any 
special  election  whicli  may  be  called  by  the  Governor,  in  his  discretion,  prior  to  such 
regular  election.  ^ 

Section  1.  (Withheld  hy  referendum.)  A  majority  in  number  of 
the  holders  of  title  or  evidence  of  title  to  lands  susceptible  of  irrigation 
from  a  common  source  and  by  the  same  system  of  works,  including 
pumping  from  subsurface  or  other  waters,  such  holders  of  title  or 
evidence  of  title  representing  a  majority  in  value  of  said  lands,  may 
propose  the  organization  of  an  irrigation  district,  under  the  provisions 
of  this  act;  or  the  organization  of  such  an  irrigation  district  may  be 
proposed  by  not  less  than  five  hundred  petitioners,  each  petitioner  to 
the  number  of  at  least  five  hundred  to  be  an  elector  residing  in  the  pro- 
posed district  or  the  holder  of  title  or  evidence  of  title  to  land  therein ; 
provided^  that  the  said  petitioners  must  include  the  holders  of  title  or 
evidence  of  title  to  not  less  than  twenty  per  cent  in  value  of  the  lands 
included  within  the  proposed  district.  The  lands  proposed  to  be 
included  within  any  such  irrigation  district  need  not  consist  of  con- 
tiguous parcels.  Any  holder  of  land  under  a  possessory  right  acquired 
by  entry  or  purchase  from  the  United  States  or  the  State  of  California 
shall  be  deemed  to  be  a  holder  of  evidence  of  title  to  said  land  within 
the  meaning  of  this  act.  The  county  assessment  roll  of  the  county  in 
which  any  lands  included  within  such  proposed  irrigation  district  are 
situated,  which  assessment  roll  has  been  last  equalized  at  the  time  of  the 
first  publication  of  .said  petition  as  provided  in  section  two  of  this  act, 
.shall  he  conclusive  evidence  as  to  the  value  of  said  lands  and  the  holders 
of  title  or  evidence  of  title  to  said  lands.  If  any  parcel  of  land  Ls 
assessed  on  any  assessment  roll  to  unknown  or  fictitiously  named  owners, 
or  to  unnamed  owners  in  addition  to  any  owner  or  owners  named 
thereon,  said  parcel  of  land  shall  be  deemed,  for  any  6f  the  purposes  of 
this  act,  to  have  but  one  owTier  in  addition  to  any  owner  or  owners 
whose  true  name  or  names  may  be  purported  to  be  given  on  such  a.ssess- 
ment  roll.  The  holder  of  title  or  evidence  of  title  to  an  undivided 
interest  in  any  land  affected  by  any  of  the  provisions  of  this  act  may 
sign  any  petition  provided  for  in  this  act,  and  such  undivided  interest 
shall  he  counted  and  valued  as  though  it  were  a  separate  interest,  and 
if  the  a.ssessment  roll  shall  fail  to  indicate  the  extent  of  any  such 
undivided  interest,  the  holders  of  title  or  evidence  of  title  whose 
undivided  interest  in  any  land  are  not  specifically  defined  shall  be 
deemed  to  have  equal  .shares  therein.  Guardians,  executors,  adminis- 
trators or  other  persons  holding  property  in  a  trust  capacity  under 

2—48601 


16  CALIFORNIA  IRRIGATION   DISTRICT  I.AWS. 

appointment  of  court  may  sign  any  petition  provided  for  in  this  act, 
when  authorized  by  an  order  of  court,  which  order  may  be  made  without 
notice.  A  certificate  of  acknowled£?nierit  taken  before  a  notary  public 
or  justice  of  the  peace  of  any  state,  or  an  affidavit  by  any  person  in  the 
presence  of  whom  such  petition  was  signed,  shall  be  sufficient  evidence 
of  the  genuineness  of  such  signature  and  of  the  fact  of  place  of  resi- 
dence of  any  petitioners  under  this  act.     (Stats.  1919,  p.  714.) 

Organization : 

Assessment  roll  as  evidence  of  title. 

Matter  of  Bonds  of  South  San  Joaquin  Irr.  Diat.,  161  Cal.  345. 

Legislature  may  authorize  initiatory  proposal  to  be  made  by  such  persons  as  it 
sees  fit. 
Imperial  Water  Co.  vs.  Sujiervisors,  162  Cal.  14-25. 

Holders  of  title  or  evidence  of  title  : 

Board  of  Directors  vs.  Abila,  106  Cal.  355  ; 
Cai-son  vs.  Cudworth   (Colo.),  140  Pac.  935; 
In  re  Gallatin  Irr.  Dist.  (Mont.),  140  Fac.  92-4; 
Gem  Irr.  Dist.  vs.  Johnson  (Idalio),  109  Pac.  845. 

Inclusion  of  public  land  will  not  invalidate  organization. 
Cullen  vs.  Glendora  W.  Co.,  113  Cal.  521; 
Stevens  vs.  Melville   (Utah),  175  Pac.   602; 
Nevada  Bank  vs.  Poso  Dist.,  140  Cal.  344. 

Petition  to  organize  district. 

Sec.  2.  In  order  to  propose  the  organization  of  an  irrigation  district, 
a  petition  shall  be  presented  to  the  board  of  supervisors  of  the  county  in 
whi(!h  tlie  lands  within  the  proposed  district,  or  the  greater  portion 
thereof,  are  situated,  signed  by  the  required  number  of  holders  of  title, 
or  evidence  of  title,  including  such  aforesaid  possessory  rights  to  lands 
within  such  proposed  district,  and  representing  the  requisite  majority 
ill  value  of  said  land,  or  a  petition  shall  be  presented  to  said  board  of 
supervisors  signed  by  not  less  than  five  hun(ired  petitioners,  each  peti- 
tioner to  the  number  of  at  least  five  hundred  to  be  an  elector  in  the 
proposed  district,  or  to  be  some  person,  corporation,  association  or 
partnership,  the  holder  of  title  to  lands  in  said  proposed  irrigation 
district,  or  evidence  of  title  to  lands  in  said  proposed  irrigation  district, 
including  the  holders  of  possessory  rights  under  receipts  or  other 
evidence  of  the  rights  of  entrymen  or  purchasers  under  any  laws  of  the 
United  States  or  of  this  state,  the  said  petitioners  signing  said  petition 
shall  include  the  owners  of  not  less  than  twenty  per  cent  in  value  of  the 
land  within  said  propased  irrigation  district  according  to  the  equalized 
county  assessment  roll  or  rolls  for  the  year  last  preceding,  which  peti- 
tion shall  set  forth  generally  the  boundaries  of  the  proposed  district  and 
also  shall  state  generally  the  .source  or  sources  (which  may  be  in  the 
alternative)  from  which  said  lands  are  proposed  to  be  irrigated,  and 
shall  pray  that  the  territory  embraced  within  the  boundaries  of  the  pro- 
posed district  may  be  organized  as  an  irrigation  district  under  the 
provisions  of  this  act.  The  petition  may  consist  of  any  number  oF 
separate  instruments,  and  must  be  accompanied  with  a  good  and 
sufficient  undertaking,  to  be  approved  by  the  board  of  supervisors,  in 
double  the  amount  of  the  probable  cost  of  organizing  such  district, 
conditioned  that  the  sureties  shall  pay  all  of  said  costs  in  case  said 
organization  shall  not  be  effected.     Said  petition  shall  be  presented  at 


CALIFORNIA   IRRIGATION    DISTRICT    LAWS.  17 

a  regular  meeting  of  said  board  and  shall  be  published  for  at  least  two 
weeks  before  the  time  at  which  the  same  is  to  be  presented  in  some  news- 
paper of  general  circulation  printed  and  published  in  the  county  where 
said  petition  is  presented  together  with  a  notice  stating  the  time  of  the 
meeting  at  which  the  same  will  be  presented;  and  if  any  portion  of  the 
lands  within  said  proposed  district  lie  within  another  county  or 
counties,  then  said  petition  and  notice  shall  be  published,  as  above 
provided,  in  a  newspaper  published  in  each  of  said  counties.  When 
contained  upon  more  than  one  instrument,  one  copy  only  of  such 
petition  need  be  published,  but  the  names  attached  to  all  of  said  instru- 
ments must  appear  in  such  publication.  On  or  before  the  day  on  which 
said  petition  is  presented  to  said  board  of  supervisors,  a  copy  of  said 
petition  shall  be  filed  in  the  office  of  the  state  engineer.  When  said 
petition  is  presented,  said  board  of  supervisors  shall  hear  the  same  and 
shall  proceed  to  determine  whether  or  not  said  petition  complies  with 
the  requirements  hereinbefore  set  forth  and  whether  or  not  the  notice 
required  herein  has  been  published  as  required,  and  must  hear  all  com- 
petent and  relevant  testimony  offered  in  support  of  or  in  opposition 
thereto.  Said  hearing  may  be  adjourned  from  time  to  time  for  the 
determination  of  said  facts,  not  exceeding  two  weeks  in  all.  No  defect 
in  the  contents  of  the  petition  or  in  the  title  to  or  form  of  the  notice 
or  signatures,  or  lack  of  signatures  thereto,  shall  vitiate  any  proceed- 
ings thereon ;  provided,  such  petition  or  petitions  have  a  sufficient  num- 
ber of  qualified  signatures  attached  thereto.  The  determination  of  the 
board  shall  be  expressed  by  resolution.  If  it  shall  determine  that  any 
of  the  requirements  hereinbefore  set  forth  have  not  been  complied  with, 
the  matter  shall  be  dismissed,  but  without  prejudice  to  the  right  of  the 
proper  number  of  persons  to  present  a  new  petiti(m  covering  the  same 
matter  or  to  present  the  same  petition  with  additional  signatures,  if 
such  additional  signatures  are  necessary  to  comply  with  the  require- 
ments of  this  act.  If  the  board  of  supervisors  shall  determine  that  the 
petitioners  have  complied  with  the  requirements  hereinbefore  set  forth, 
it  shall  cause  a  copy  of  the  resolution  so  declaring  to  be  forwarded  to 
the  state  engineer  and  shall  postpone  further  hearing  of  said  petition 
until  a  report  shall  be  received  from  the  state  engineer.  Upon  receiving 
a  copy  of  said  resolution,  the  state  engineer  shall  make  or  cause  to  be 
made  such  preliminary  investigation  as  may  be  practicable,  with  a  view 
to  determining  the  feasibility  of  the  project  proposed  to  be  undertaken. 
He  shall  report  as  soon  as  practicable,  but  at  all  events  within  ninety 
days,  in  writing,  on  the  matter  to  the  board  of  supervisors  from  which 
the  copy  of  said  resolution  was  received,  and  such  board  of  supervisor 
at  their  next  regular  meeting  following  the  receipt  of  said  report  shall 
set  a  time  for  the  consideration  of  said  report ;  provided,  that  such  time 
shall  not  be  less  than  one  week  from  such  regular  meeting  of  said  l)()ar(l 
of  supervisors;  and  provided,  further,  that  notice  of  such  time  sliall  1h^ 
given  by  registered  mail  to  such  party  as  sliall  have  l)een  designated 
for  that  purpose  by  the  petitioners  or  by  publication  for  at  least  three 
days  in  one  daily  newspaper  published  in  the  county  in  which  the  lands 
within  the  proposed  district,  or  the  greater  portion  thereof,  are  situated. 
A  failure  to  give  such  last  mentioned  notice,  liowever.  shall  not  affect 
the  validity  of  sub'-equent  proceedings.  If  the  state  engineer  shall 
report  that  the  supply  of  water  available  for  the  use  of  the  proposed 


18  CALIFORNIA  IRRIGATION   DISTRICT   LAWS. 

district,  or  that  may  be  acquired  by  any  practicable  means,  inelndint? 
the  condemnation  of  existinor  risrhts.  is  not  suffieient  or  that  the  project 
is  not  feasible  for  any  other  reasons  or  reason  and  if  such  report  shall 
))e  filed  with  the  said  board  of  supervisors  before  the  expiration  of 
ninety  days  from  and  after  the  date  of  the  adoption  of  the  aforesaid 
resolution,  the  hearing  of  the  petition  shall  again  be  continued  for  not 
more  than  two  months  and  shall  then  be  dismissed,  unless  the  board  of 
supervisors  shall  be  petitioned  in  writing  by  three-fourths  in  number 
of  the  holders  of  title  or  evidence  of  title  including  possessory  rights,  to 
land  within  said  proposed  district  to  grant  the  same ;  proinded,  that  if 
such  petition  is  not  received  the  board  of  supervisors  may  modify  the 
plans  for  the  proposed  district  in  accordance  with  recommendations  by 
the  state  engineer.  If  the  report  of  the  state  engineer  shall  not  compel 
the  continuance  of  the  matter  as  aforesaid,  or  if  no  report  is  received 
or  if  the  state  engineer  makes  a  written  .statement  that  he  has  been 
unable  to  make  such  report,  or  if  no  report  is  made  at  the  first  regular 
meeting  after  the  expiration  of  said  ninety  days,  the  board  of  super- 
visors shall,  at  the  meeting  at  which  said  report  shall  have  been  set  for 
hearing,  proceed  to  a  final  hearing  of  the  petition.  If  said  board  shall, 
after  receiving  an  adverse  report  from  the  state  engineer,  as  aforesaid, 
decide  to  modify  the  plan  as  set  forth  in  said  petition  or  shall  be 
rccpiested  in  writing  by  three-fourths  in  number  of  the  holders  of  title 
or  evidence  of  title,  including  possessory  riglits,  to  the  lands  within 
said  proposed  district  to  grant  said  petition,  said  board  shall  then  pro- 
ceed at  the  time  set  to  a  final  hearing  of  the  matter.  On  a  final  hearing 
herein  provided  for,  the  board  may  adjourn  from  day  to  day,  but  not 
for  a  longer  time,  until  a  determination  of  the  matter  is  reached.  On 
said  final  hearing  said  board  shall  make  such  changes  in  the  proposed 
boundaries  as  it  may  deem  advisable  and  shall  define  and  establish  such 
boundaries,  but  said  board  shall  not  modify  said  boundaries  so  as  to 
exclude  from  such  proposed  district  any  territory  which  is  susceptible 
C)f  irrigation  from  any  of  the  sources  proposed,  unless  said  board  .shall 
decide  to  modify  the  plan  for  such  proposed  district,  as  herein  provided, 
nor  shall  any  lands  which  will  not,  in  the  judgment  of  said  board,  be 
benefited  by  irrigation  by  means  of  any  said  systems  or  works  be 
included  within  such  proposed  district.  Lands  already  irrigated  and 
riparian  lands  may  be  included  in  the  district  if  in  the  judgment  of  the 
board  of  supervisors  such  land  will  be  benefited,  or  if  the  water  used 
thereon  or  the  rights  to  the  use  of  water  thereon  should  in  the  judg- 
ment of  the  board  of  supervisors,  be  taken  or  acquired  for  the  district. 
Any  person  whose  lands  are  susceptible  of  irrigation  from  any  of  the 
propo.sed  sources  may,  upon  his  application,  in  the  di.seretion  of  said 
board,  have  -such  lands  included  within  said  proposed  district.  (Stats. 
1917,  p.  752.) 

Note. — The  above  section  is  now  in  force.  Tiie  following  section  was  substituted 
by  the  Legislature  in  1919,  but  is  delayed  from  going  into  effect  by  referendum,  and 
will  be  voted  on  by  the  people  at  tlie  general  election  in  November,  1920.  or  at  any 
special  election  which  may  be  called  by  the  Governor,  in  his  discretion,  prior  to  such 
regular  election. 

Sec.  2.  ( Withheld  by  referendum.)  In  order  to  propose  the  organi- 
zation of  an  irrigation  district,  a  petition  signed  by  the  requisite 
majority  of  holders  of  title  or  evidence  of  title  to  lands  within  the 
proposed  district  or  by  at  least  five  hundred  petitioners,  as  provided  in 


CALIFORNIA  IRRIGATION   DISTRICT  LAWS.  19 

section  one  of  this  act,  shall  be  presented  to  the  board  of  supervisors  of 
the  county  in  which  the  lands  within  the  proposed  district,  or  the 
greater  portion  thereof,  are  situated.  Said  petition  shall  set  forth 
generally  the  boundaries  of  the  proposed  district  and  also  shall  state 
generally  the  source  or  sources  (which  may  be  in  the  alternative)  from 
which  said  lands  are  proposed  to  be  irrigated,  and  shall  pray  that  the 
territory  embraced  within  tlie  boundaries  of  tlie  proposed  district  may 
be  organized  as  an  irrigation  district  under  the  provisions  of  this  act. 
The  petition  may  consist  of  any  number  of  separate  instruments,  and 
must  be  accompanied  M'ith  a  good  and  sufficient  undertaking,  to  be 
approved  by  the  board  of  supervisors,  in  double  the  amount  of  the 
probable  cost  of  organizing  such  district,  conditioned  that  the  sureties 
shall  pay  all  of  said  costs  in  case  said  organization  shall  not  be  effected. 
Said  petition  shall  be  presented  at  a  regular  meeting  of  said  board,  and 
shall  be  published  for  at  least  two  weeks  before  the  time  at  which  the 
same  is  to  be  presented  in  some  newspaper  of  general  circulation  printed 
and  published  in  the  county  where  said  petition  is  presented  together 
with  a  notice  stating  the  time  of  the  meeting  at  which  the  same  will  be 
presented ;  and  if  any  portion  of  the  lands  within  said  proposed  district 
lie  within  another  county  or  counties,  then  said  petition  and  notice  shall 
be  published,  as  above  provided,  in  a  newspaper  published  in  each  of 
said  counties.  When  contained  upon  more  than  one  instrument,  one 
copy  only  of  such  petition  need  be  published,  but  the  names  attached 
to  all  of  said  instruments  must  appear  in  such  publication.  On  or 
before  the  day  on  which  said  petition  is  presented  to  said  board  of 
supervisors,  a  copy  of  said  petition  shall  be  filed  in  the  office  of  the 
state  engineer.  Signatures  to  the  petition  may  be  withdrawn  at  any 
time  before  the  publication  is  commenced  as  in  this  section  required, 
by  filing  a  declaration,  signed  by  the  petitioner,  with  the  board  of 
supervisors  before  which  the  petition  is  to  ])e  presented,  stating  that 
it  is  the  intention  of  the  petitioner  to  withdraw  therefrom,  which 
declaration  shall  ])e  acknowledged  in  the  same  manner  as  conveyances 
of  real  estate  are  required  to  be  acknowledged.  When  said  petition 
is  presented,  said  board  of  supervisors  shall  hear  the  same  and  shall 
proceed  to  determine  whether  or  not  said  petition  complies  with  the 
requirements  hereinbefore  set  forth  and  whether  or  not  the  notice 
required  herein  has  been  published  as  required,  and  must  hear  all  com- 
petent and  relevant  testimony  offered  in  support  of  or  in  opposition 
thereto.  Said  hearing  may  be  adjourned  from  time  to  time  for  the 
determination  of  said  facts,  not  exceeding  two  weeks  in  all.  No  defect 
in  the  contents  of  the  petition  or  in  the  title  to  or  form  of  the  notice  or 
signatures,  and  no  lack  of  signatures  thereto,  or  to  the  petition  as  pub- 
lished, shall  vitiate  any  proceedings  thereon ;  provided,  such  petition  or 
petitions  have  a  sufficient  number  of  qualified  signatures  attached 
thereto.  The  determination  of  the  board  shall  be  expressed  by  resolu- 
tion. If  it  shall  determine  that  any  of  the  requirements  hereinbefore 
set  forth  have  not  been  complied  with,  the  matter  shall  be  dismissed, 
but  without  prejudice  to  the  right  of  the  proper  numlier  of  persons  to 
present  a  new  petition  covering  the  same  matter  or  to  present  the  same 
petition  with  additional  signatures,  if  such  additional  signatures  are 
necessary  to  comply  with  the  requirements  of  this  act.  If  the  board  of 
supervisors  shall  determine  that  the  petitioners  have  complied  with  the 


20  CALIFORNIA   IRRIGATION  DISTRICT   LAWS. 

requirements  hereinbefore  set  forth,  it  shall  cause  a  copy  of  the  resolu- 
tion so  declaring  to  be  forwarded  to  the  state  engineer.  Upon  receiving 
a  copy  of  said  resolution,  the  state  engineer  shall  make  or  cause  to  be 
made  such  preliminary  investigation  as  may  be  practicable,  with  a  view 
to  determining  the  feasibility  of  the  project  proposed  to  be  undertaken. 
He  shall  report  as  soon  as  practicable,  but  at  all  events  within  ninety 
days  from  the  date  of  the  adoption  of  the  said  resolution,  in  writing, 
on  the  matter  to  the  board  of  supervisors  from  which  the  copy  of  said 
resolution  was  received,  except  that  upon  receiving  a  written  request 
from  the  state  engineer,  the  board  of  supervisors  may  at  any  meeting 
before  the  expiration  of  said  ninety  days  grant  to  the  state  engineer 
not  more  than  ninety  days  additional  time  in  which  to  make  said  report. 
If  the  state  engineer  shall  report  within  the  time  specified  herein  that 
the  supply  of  water  available  for  the  use  of  the  proposed  district,  or 
that  may  be  acquired  by  any  practicable  means,  including  the  condem- 
nation of  existing  rights,  is  not  sufficient  or  that  the  project  is  not 
feasible  for  any  other  reason  or  reasons,  the  hearing  of  the  matter  .shall 
be  continued  for  not  more  than  two  months  and  shall  then  be  dismissed 
unless  the  board  of  supervisors  shall  be  petitioned  in  writing  by  three- 
fourths  of  the  holders  of  title  or  evidence  of  title  to  land  within  said 
proposed  district  to  grant  said  petition ;  provided,  that  if  the  board  of 
supervisors  is  not  so  petitioned,  it  may  modify  the  plans  for  the  pro- 
posed district  in  accordance  with  recommendations  by  the  state  engi- 
neer. If  after  receiving  an  adverse  report  from  the  state  engineer  the 
board  of  supervisors  shall  be  petitioned  as  aforesaid  or  shall  decide 
to  modify  the  plans  for  the  proposed  district  in  accordance  with 
recommendations  by  the  state  engineer,  it  .shall,  at  the  time  to  which  the 
hearing  of  said  matter  shall  have  been  continued,  set  a  time  for  the  final 
hearing  thereof.  If  the  continuance  of  the  matter  is  not  compelled  by 
an  adverse  report  as  aforesaid,  the  board  of  supervisors,  at  its  first 
regular  meting  after  the  receipt  of  a  report  from  the  state  engineer, 
or  at  the  first  regular  meeting  after  the  expiration  of  the  time  allowed 
for  the  making  of  such  report  if  no  such  report  has  been  received,  shall 
set  a  time  for  a  final  hearing  of  the  matter.  In  any  case  the  time  set 
for  the  final  hearing  as  aforesaid  shall  not  be  less  than  one  week  from 
the  meeting  at  which  said  time  was  set;  provided,  that  notice  of  the 
time  of  such  final  hearing  shall  be  given  by  registered  mail  to  such 
party  as  shall  have  been  designated  for  that  purpose  by  the  petitioners, 
or  by  publication  for  at  least  three  days  in  one  daily  newspaper  pub- 
lished in  the  county  in  wliich  the  lands  within  the  proposed  district,  or 
the  greater  portion  thereof  are  situated.  A  failure  to  give  such  last 
mentioned  notice,  however,  shall  not  affect  the  validity  of  sub.sequent 
proceedings.  On  a  final  hearing  herein  provided  for,  the  board  may 
adjourn  from  time  to  time,  but  at  no  time  for  a  longer  period  than  three 
/iays  until  a  determination  of  the  matter  is  reached.  On  said  final  hear- 
ing said  board  shall  make  such  changes  in  the  proposed  boundaries  as  it 
may  deem  advisable  and  shall  define  and  establish  such  boundaries,  but 
said  board  shall  not  modify  said  boundaries  so  as  to  exclude  from  such 
proposed  district  any  territory  which  is  susceptible  of  irrigation  from 
any  of  the  sources  proposed,  unless  said  board  shall  decide  to  modify 
the  plan  for  such  proposed  district,  as  herein  provided,  nor  shall  any 
lands  which  will  not,  in  the  judgment  of  said  board,  be  benefited  by 


r. 


CALIFORNIA  IRRIGATION   DISTRICT  LAWS.  21 

irrigation  by  means  of  said  systems  or  works  be  included  within  such 
proposed  district.  Lands  already  irrigated  and  riparian  lands  may  be 
included  in  the  district  if  in  the  judgment  of  the  board  of  supervisors 
such  land  will  be  benefited,  or  if  the  water  used  thereon  or  the  rights 
to  the  use  of  water  thereon  should,  in  the  judgment  of  the  board  of 
supervisors,  be  taken  or  acquired  for  the  district.  Any  person  whose 
lands  are  susceptible  of  irrigation  from  any  of  the  proposed  sources 
may,  upon  his  application,  in  the  discretion  of  said  board,  have 
such  lands  included  within  said  proposed  district.    (Stats.  1919,  p.  715.) 

Petition : 

The  form  or  contents  of  the  petition  is  not  important,  provided  that  it  contains 
the  required  recitals  showing  the  boundaries  ;  the  proposed  sources  of  supply ; 
that  it  is  tlie  purpose  of  the  petitioners  to  organize  an  irrigation  district ;  and 
praying  that  the  same  be  organized  thereunder. 

Ells  vs.  Board  of  Supervisors  (Cal.  App.),  176  Pac.  709; 

William  Hartley  Co.  vs.  Harney  Valley  Irrig.  Dist.   (Ore.),  180  Pac.  725. 

Petition,  signatures,  and  bond  for  cost  of  organization: 
Board  of  Directors  vs.  Abila,  106  Cal.  355  ; 
Fogg  vs.  Ferris  Irr.  Dist.,  154  Cal.  209  ; 
Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351  ; 
In  re  Madera  Irr.  DiM..  92  Cal.  296  ; 

McAnlay  vs.  Board  of  Sui)ervisors,  56  Cal.  Dec.  116,  171  Pac.  30  ; 
Black  Canyon  Dist.  vs.  Marple  (Idaho),  112  Pac.  766. 

Owners  of  possessory  riglits  are  eligible  as  petitioners. 
Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  25. 

It  appears  to  be  proper  for  the  board  of  supervisor.s  to  appoint  .some  one  as 
referee  to  compare  the  petitions  and  assessment  roll. 
Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  24. 

The  best  evidence,  however,  is  required. 

Wilder  vs.  Board,  etc.  (Colo.),  135  Pac.  461  ; 
Ahcrn  vs.  Board  of  Directors  (Colo.),  89  Pac.  964. 

The  presentation  to  tlie  board  of  a  bond  is  jurisdiitionnl,  and  where  althougli 
the  bond  was  informal  it  was  a  binding  obligation  upon  those  who  signed  it,  the 
proceedings  are  not  rendered  illegal.  The  supervisors  may  permit  a  new  bond 
to  be  filed. 

In  re  Madera  Irr.  Dist.,  92  Cal.  329  ; 

Central  Irr.  Diat.  vs.  DeLappe,  79  Cal.  357. 

Description  of  boundaries  :  * 

A  description  by  metes  and  bounds  sufficient  for  an  ordinary  conveyance  will 
suffice.  The  petition  is  sufficient  so  long  as  the  Ijoundaries  can  be  definitely 
located. 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351  ; 

In  re  Madera  Irr.  Dist..  92  Cal.  296  ; 

Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503  ; 

Board  of  Directors  vs.  Kimball  (Wash.),  157  Pac.  38. 

Notice,  publication,  etc. : 

In  re  Central  Irr.  Dist..  117  Cal.  382  : 

Fogg  vs.  Pcrris  Irr.  Dist.,  154  Cal.  209  : 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  II  : 

Tulare  Dist.  vs.  Shepard,  185  U.  S.  1,  46  L.  Kd.  773  ; 

IClls  vs.  Boai-d  of  Supervisors  (Cal.  App.),  176  Pac.  70't  ; 

Wm.  Hanley  Co.  vs.  Harney  Valley  Irr.  Dist.  (Ore.),  180  Pac.  724. 

The  time  set   for  the  hearing  must  be  at  a   regular  meeting  of  the  board  of 
supervisors,  but  it  is  not  necessary  that  the  notice  specify  that  fact. 
Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  23. 

The  notice  need  not  be  separately  signed  and   may  precede  the  petition,   with 
tlie  signatures  attached  to  the  petition . 
Fogg  vs.  Pcrris  Dist..  154  Cal.  209  ; 
Ells  vs.  Board  of  Supervisors  (Cal.  App.).  176  Pac.   i09. 

The  date  of  the  petition  and  notice  should  not  vary. 

Ahem  v.s.  Board  of  Directors  (Colo.),  89  Fac.  964.  ^ 

Hearing: 

At  the  hearing,  the  a.ssessment  roll  is  sufficient  evidence  of  ownership. 
Matter  of  Bonds  of  South  Sau  Joaquin  Irr.  Dist.,  161  Cal.  345. 


22  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Right  to  withdraw  from  petition  : 

A  petitioner  may  withdraw  liis  name  from  tlie  petition  at  any  time  prior  to  its 
presentation  to  tlie  board  of  supervisors  on  the  day  fixed  therefor ;  but  see 
amendment  of  1919  suspended  by  referendum. 

McAulay  vs.  Board  of  Supervisors,  56  Cal.  Dec.  116,  174  Pac.  30. 

Inclusion  and  exclusion  of  lands : 

While  it  appears  that  the  action  of  the  board  can  not  be  arbitrary  (Ahem  vs. 
Board  of  Directors,  89  Pac.  964),  yet  in  the  absence  of  fraud  the  action  of  the 
board  of  supervisors  can  not  be  attacked. 

Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503  ; 
Fallbrook  Irr.  Dist.  vs.  Bradley.  164  U.  S.  112. 

Tile  application  for  inclusion  or  exclusion  need  not  be  in  writing. 
Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351. 

Cliaracter  of  land  that  may  be  included : 

As  to  tlie  land  tliat  may  be  included  witliin  a  district,  the  jurisdiction  of  the 
board  seems  to  be  very  broad.  It  is  proper  to  include  cities  and  any  land  that 
in  its  natural  state  would  be  benefited  by  irrigation. 

La  Mesa  Homes  Co.  vs.  La  Mesa  Irr.  Dist.,  173  Cal.  121  ; 
Tregea  vs.  Modesto  Irr.  Dist.,  164  U.  S.  179. 

On  the  inclusion  of  city  or  town  lots,  see  also 
Board  of  Directors  vs.  Tregea,  88  Cal.  334  ; 
In  re  Madera  Irr.  Dist.,  92  Cal.  296  ; 
Board  of  Directors  vs.  Abila,  106  Cal.  355  ; 
In  re  Central  Irr.  Dist.,  117  Cal.  382  ; 
Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14  ; 
Namjya  Irr.  Dist.  vs.  Brose  (Idaho),  83  Pac.  499. 

It  appears  that  rights  of  way  of  railroads  may  liltewise  be  included. 
Oregon  Short  Line,  etc.  vs.  Pioneer  Dist.  (Idaho),  102  Pac.  905. 

But  there  also  appears  to  be  no  machinery  by  which  such  riglits  of  way  may  be 
compelled  to  pay  assessments. 

Atchison  T.  &  8.  F.  Ry.  Co.  vs.  Reclamation  Dist.  No.  IfOJ),  173  Cal.  91. 

Fixing  of  boundaries  by  board  of  supervisors : 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351  ; 
Cullen  vs.  Glendora  Water  Co.,  113  Cal.  517  ; 
Board  of  Directors  vs.  Tregea,  88  Cal.  334-351  ; 
Imperial  Water  Co.  vs.  Supervisors.  162  Cal.  14  ; 
Board  of  Directors  vs.  Kimball  (Wash.),  157  Pac.  38  ; 
'Ahem  vs.  Board  of  Directors  (Colo.),  89  Pac.  963. 

Inclusion  or  exclusion  after  organization  : 

Where  the  petitioner  brings  himself  within  the  specified  classes  of  those  entitled 
to  exclusion,  he  has  an  absolute  right  to  such  exclusion  and  writ  of  mandate  will 
issue  to  enforce  such  right. 

Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 

State  engineer  to  furnish  information. 

Sec.  2a.  The  state  engineer  shall  have  authority,  and  it  shall  be  his 
(3uty,  to  give  information  so  far  as  may  be  practicable  to  persons  con- 
templating the  organization  of  irrigation  districts  under  the  provisions 
of  this  act.  Whenever  the  department  of  engineering  shall  deem  it  in 
the  public  interest  that  preliminary  surveys  and  field  investigations  of 
propased  irrigation  district  projects  shall  be  made  at  the  expense  of 
the  state,  the  state  engineer  shall  make  such  surveys  and  field  investiga- 
tions of  such  proposed  irrigation  district  projects,  and,  pending  the 
completion  of  such  survej's  and  investigation,  the  state  water  commis- 
sion shall  have  authority  to  withhold  from  appropriation  any  unappro- 
priated waters  likely  to  be  needed  therefor.     (Stats.  1917,  p.  755.) 

Order  of  supervisors  reaffirming  conclusions. 

Sec.  3.  Upon  the  final  hearing  of  said  petition  or  said  matter,  the 
board  of  supervisors  shall  make  an  order  reaffirming  its  conclusions  as 
to  the  genuineness  and  sufficiency  of  the  petition  and  notice  hereinbefore 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  23 

provided  for,  reciting  that  a  report  regarding  the  proposed  district  has 
been  made  by  the  state  engineer  and  is  on  file  with  the  other  records  of 
the  board,  and  describing  the  boundaries  of  the  proposed  district  as 
defined  and  established  by  said  board.  Said  order  shall  be  entered  in 
full  upon  the  minutes  of  said  board.  At  said  final  hearing  no  evidence 
shall  be  heard  against  the  genuineness  or  sufficiency  of  said  petition  or 
notice  unless  it  shall  be  shown  to  the  satisfaction  of  said  board  that  new 
evidence  which,  if  uncontradicted,  would  disprove  the  genuineness  or 
sufficiency  of  said  petition  or  notice  has  been  discovered  since  said  board 
adopted  the  resolution  declaring  that  said  petition  and  notice  complied 
with  all  the  requirements  of  this  act.  In  ca.se  any  new  evidence  is 
admitted,  full  opportunity  shall  be  given  for  the  introduction  of  evi- 
dence in  rebuttal  thereof.^  (Stats.  1913,  p.  996.) 

Sufficiency  of  petition  and  genuineness  of  signatures  to  be  determined  by  board 
of  supervisors. 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14-19. 

Finding  of  board  to  be  conclusive. 

Sec.  4.  A  finding  of  the  board  of  supervisors  in  favor  of  the  genuine- 
ness and  sufficiency  of  the  petition  and  notice  shall  be  final  and  con- 
clusive against  all  persons  except  the  State  of  California  upon  suit 
commenced  by  the  attorney  general'.  Any  such  suit  must  be  com- 
menced within  one  year  after  the  order  of  the  board  of  supervisors 
declaring  such  district  organized  as  herein  provided,  and  not  otherwise. 
(Stats.  1911,  extra  session,  p.  139.) 

l''ormer  section  4  providing  for  appeal  to  superior  court  was  unconstitutional. 
Chinn  vs.  Superior  Court,  156  Cal.  478. 

Conclusiveness  of  order : 

Fallbrook  Irr.  Dist.  vs.  Bradley,  164  U.  S.  112.  171  ; 

People  vs.  Hagar,  52  Cal.  171-182  ; 

Board  of  Directors  vs.  Trcgea,  8  8  Cal.  335-54  ; 

In  re  Madera  In:  Dist.,  92  Cal.  296-324  ; 

O'Neill  vs.  Yellowstone  Dist.   (Mont.),  121  Pac.  283: 

Progressive  Irr.  Dist.  \s.  Smith  (Idaho).  156  Pac.  1133  ; 

Board  of  Directors  vs.  Peterson  (Ore.),  129  Pac  123  ; 

Links  vs.  Anderson  (Ore.),  168  Pac.  605; 

Hcrrett  vs.  Warm  Springs  Dist.   (Ore.),  168  Pac.  609  ; 

Andrews  vs.  Lillian  Irr.  Dist.  (Nebr. ),  97  N.  W.  336  ; 

Sowerwine  vs.  Central  Dist.  (Nebr.),  124  N.  W.  119  ; 

Ells  vs.  Board  of  Siipervisors  (Cai.  App. ),  176  Pac.  709. 

Statute  of  limitations : 

(See  Sec.  72  infra.) 

In  re  Central  Irr.  District,  117  Cal.  382  ; 

People  vs.  Perris  Irr.  Dist.,  142  Cal.  601  ; 

Miller  vs.  Perris  Irr.  Dist.,  85  Fed.  693  ; 

Tulare  Irr.  Dist.  v.s.  Shcpard,  185  IT.  S.  1-18,  46  L.  Ed.  773.  781  ; 

Progressive  Irr.  Dist.  vs.  Anderson  (Idalio),  114  Pac.  16-18. 

Bona  fide  attempt  to  organize  followed  by  user: 
Tulare  Irr.  Dist.  vs.  Shepard,  185  U.  S.  1. 

Divisions  in  district  and  election  of  directors. 

Sec.  5.  If,  on  said  final  hearing,  the  boundaries  of  the  propased  di.s- 
trict  are  defined  and  established,  said  board  .shall  make  an  order  dividing 
said  district  into  five  divisions,  as  nearly  equal  in  size  as  may  be  prac- 
ticable, which  shall  be  numbered  first,  second,  third,  fourtli  and  fifth, 
and  one  director  shall  be  elected  for  each  division  by  the  electors 
thereof;  provided,  that  if  so  requested  in  said  petition,  the  board  may 
order  that  there  shall  be  only  three  divisions  in  said  district,  and  that 


24  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

only  three  directors  be  elected,  and  that  the  directors  may  be  elected 
by  the  district  at  large,  or  by  divisions,  as  such  petition  shall  provide, 
but  in  any  event  such  directors  shall  be  elected  to  reprasent  separate 
divisions  and  shall  be  residents  of  the  respective  divisions  they  are 
elected  to  represent.     (Stats.  1915,  p.  1368.) 

Cullen  vs.  Glendora  Water  Co.,  113  Gal.  503. 

ELECTION  ON  ORGANIZATION. 
Election  on  organization. 

Sec.  6.  Said  board  of  supervisors  shall  then  give  notice  of  an  elec- 
tion to  be  held  in  such  proposed  district,  for  the  purpose  of  determining 
whether  or  not  the  same  shall  be  organized  under  the  provisions  of 
this  act.  Such  notice  shall  diescribe  the  boundaries  so  established, 
and  shall  designate  a  name  for  the  proposed  district,  and  said  notice 
shall  be  published  for  at  least  three  Aveeks  previous  to  such  election, 
in  a  newspaper  published  within  the  county  in  which  the  petition 
for  the  organization  of  the  proposed  district  was  presented;  and  if 
any  portion  of  such  proposed  district  is  within  another  county  or 
counties,  then  such  notice  shall  be  published  for  the  same  length  of 
time  in  a  newspaper  published  in  each  of  said  counties.  Such  notice 
shall  require  the  electors  to  cast  ballots,  which  shall  contain  the  words 
"Irrigation  District — Yes,"  or  ** Irrigation  District — No,"  or  words 
equivalent  thereto,  and  also  the  names  of  persons  to  be  voted  for  at 
said  election.  For  the  purposas  of  said  election  the  board  of  super- 
visors must  establish  a  convenient  number  of  election^  precincts  in  said 
proposed  district,  and  define  the  boundaries  of  the  same.  Such  elec- 
tion shall  be  conducted  as  nearly  as  practicable  in  accordance  with 
the  general  election  laws  of  the  state,  but  no  particular  form  of  ballot 
shall  be  required. 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351 ; 
Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503  ; 
Links  vs.  A^iderson  (Ore.),  168  Pac.  1182. 

Officers  to  be  elected. 

Sec.  7.  At  such  election  there  shall  be  elected  a  board  of  directors, 
and  an  assessor,  tax  collector,  and  treasurer;  pi'ovided,  that  where  a 
consolidation  of  officers  as  hereinafter  provided  for  is  deemed  advisable 
in  the  organization  of  a  district,  the  petitioners  may  request  in  their 
petition  for  organization  .such  consolidation,  and  the  board  of  super- 
visors calling  the  election  .shall  in  its  order  therefor  announce  such 
consolidation,  and  then  only  one  person  shall  be  elected  to  fill  the 
several  offices  so  consolidated. 

Qualifications  of  electors. 

Sec.  8.  No  per.son  siiall  be  entitled  to  vote  at  any  election  held  under 
the  provisions  of  this  act  unless  he  possesses  all  the  qualifications 
required  of  electors  under  the  general  election  laws  of  the  state. 

In  re  Madera  Irr.  District.  92  Cal.  321. 

Canvass  of  votes;  majority  to  determine  organization. 

Sec.  9.  The  board  of  supervisors  shall  meet  on  the  second  Monday 
succeeding  such  election,  and  shall  proceed  to  canvass  the  votes  cast 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  25 

thereat,  and  if  upon  such  canvass  it  appears  that  at  least  two-thirds  of 
all  the  votes  cast  are  "Irrigation  District — Yes,"  said  board  shall,  by 
an  order  entered  on  its  minutes,  declare  the  territory  duly  organized 
as  an  irrigation  district,  under  the  name  theretofore  designated,  and 
shall  declare  the  persons  receiving  respectively  the  highest  number  of 
votes  at  said  election  to  be  duly  elected. 

Note. — The  above  section  is  now  in  force.  The  following  section  was  substituted 
by  tlie  Legislature  in  1919,  but  is  delayed  from  going  into  effect  by  referendum,  and 
will  be  voted  on  by  the  people  at  the  general  ejection  in  November.  1920,  or  at  any 
special  election  which  may  be  called  by  tlie  Governor,  in  his  discretion,  prior  to  sucli 
regular  election. 

Sec.  9.  (Withheld  hy  referendum.)  The  board  of  supervi.sors  shall 
meet  on  the  second  IMonday  succeeding  such  election,  and  shall  proceed 
to  canvass  the  votes  cast  thereat,  and  if  upon  such  canvass  it  appears 
that  a  ma.jority  of  all  the  votes  cast  are  "Irrigation  District — Yes,"  said 
board  shall,  by  an  order  entered  on  its  minutes  declare  the  territory' 
duly  organized  as  an  irrigation  district,  under  the  name  theretofore 
designated,  and  sliall  declare  the  pensons  receiving  respectively  the 
highest  number  of  votes  at  said  election  to  Ix^  dulv  elected.  (Stats. 
l!)lf),  p.  718.) 

Imprrinl  Watf^r  Co.  vs.  Supervisors.  162  Cal.   14-19; 
Progressive  Irr.  Diat.  vs.  Anderson  (Idaho),  114  Pac.  16. 

Order  to  be  filed  with  county  recorder. 

Sec.  10.  Said  board  shall  then  cause  a  copy  of  .such  order,  duly 
certified,  to  be  immediately  filed  for  record  in  the  oflfice  of  the  county 
recorder  of  any  county  in  which  any  portion  of  the  lands  embraced  in 
such  district  are  situated,  and  must  also  immediately  forward  a  copy 
thereof  to  the  clerk  of  the  board  of  supervisors  of  each  of  said  last- 
mentioned  counties,  and  no  lK)ard  of  sui)ervisors  of  any  county  in 
which  any  portion  of  the  lands  embraced  in  .such  district  are  situated 
shall,  after  the  date  of  the  organization  thereof,  allow  another  district 
to  be  formed  including  any  portion  of  .said  lands,  without  the  consent 
of  the  board  of  directors  of  the  district  in  which  they  are  situated. 
From  and  after  such  filing,  the  organization  of  such  district  shall  be 
complete. 

Courts  liave  no  power  to  dissolve  an  Irrigation  district  In  the  absence  of 
statutory  autliority. 

People  vs.  Selma  Irrigation  Dist..  98  Cal.  206. 

Wiien  tlie  organization  of  tlie  district  lias  been  declared  by  order  of  tlie  board  of 
.supervisors,  the  order  is  notice  to  its  inhabitants  and  to  the  world  of  Its  existence 
;ind  of  its  boundaries. 

Fogg  vs.  Penis  Irr.  ni.itrirt,  l.''i4  Cal.  209  ; 

Progre.^sive  Irr.  Dist.  vs.  Anderson  (Idaho).  114  Pac.  16. 

Election  may  be  contested;  appeal. 

Sec.  11.  Such  election,  on  organization,  may  be  contested  by  any 
person  ownincr  property  within  the  proposed  district  liable  to  a.s.sess- 
ment.  The  directors  elected  at  such  election  shall  be  made  parties 
defendant.  Sucli  contest  shall  be  broinrht  in  the  superior  court  of  the 
county  where  the  petition  for  organization  is  filed;  provided,  tliat  if 
more  than  one  contest  be  pending  they  shall  be  consolidated  and  tried 
together.  The  court  having  jurisdiction  shall  speedily  try  such  con- 
test, and  determine,  upon  the  hearing,  whether  the  election  was  fairly 


26  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

conducted  and  in  substantial  compliance  with  the  requirements  of  this 
act,  and  enter  its  jud^ient  accordingly.  Such  contest  must  be  brought 
within  twenty  days  after  the  canvass  of  the  vote  and  declaration  of 
the  result  by  the  board  of  supervisors.  The  right  of  appeal  is  hereby 
given  to  either  party  to  the  record  within  thirty  days  from  entry  of 
judgment.  The  appeal  must  be  heard  and  determined  by  the  supreme 
court  within  sixty  days  from  the  time  of  filing  the  notice  of  appeal. 

Tenure  of  office. 

Sec.  12.  The  officers  elected  at  the  election  hereinbefore  provided 
for  shall  immediately  enter  upon  their  duties  as  such,  upon  qualifying 
in  the  manner  for  such  officers  herein  provided.  Said  officers  shall 
hold  office  respectively  until  their  successors  are  elected  and  qualified, 

OfBcers  of  irrigation  district  are  public  officers. 
In  re  Madera  Irr.  District,  92  Cal.  296  ; 
People  vs.  Selma  District,  98  Cal.  206. 

DUTIES  AND  POWERS  OF  THE  BOARD  OF  DIRECTORS. 
Duties  and  powers  of  board  of  directors. 

Sec.  13.  The  directors  of  any  district  created  after  the  passage  of 
this  act,  on  the  first  Tuesday  after  their  election,  after  they  shall  have 
qualified,  shall  meet  and  classify  themselves  by  lot  into  two  classes,  as 
nearly  equal  in  number  as  possible,  and  the  term  of  office  of  the  class 
having  the  greater  number  shall  expire  at  the  next  general  February 
election  in  this  act  provided  for;  and  the  term  of  office  of  the  class 
having  the  lesser  number  shall  terminate  at  the  next  general  February 
election  thereafter.  After  such  classification,  .said  directors  shall 
organize  as  a  board,  shall  elect  a  president  from  their  number,  and 
appoint  a  secretary,  who  shall  each  hold  office  during  the  pleasure  of 
the  board.  The  salary  of  the  secretary  and  the  amount  of  the  bond  to 
be  given  by  him  for  the  faithful  performance  of  his  duties  shall  be 
fixed  by  the  board  of  directors. 

Board  of  directors  have  no  power  to  appoint  their  own  members  as  secretary  or 
superintendent. 

Interstate  Trust  Co.  vs.  Steele  (Colo.),  173  Pac.  873-5. 

Monthly  meetings;  quorum. 

Sec.  14.  The  board  of  directors  shall  hold  a  regular  meeting  on  the 
first  Tuasday  of  each  month  at  the  place  selected  as  the  office  of  the 
board;  provided,  that  the  board  may,  by  resolution  duly  entered  upon 
its  minutes,  fix  any  other  time  as  the  time  for  its  regular  monthly  meet- 
ing, but  no  change  in  the  time  of  holding  regular  meetings  of  the 
board  shall  be  made  until  after  the  resolution  proposing  such  change 
has  been  publi.shcd  once  a  week  for  two  successive  weeks  in  a  newspaper 
publi.shed  in  the  county  in  which  the  office  of  the  district  is  kept.  Such 
special  meetings  of  the  board  of  directors  may  be  held  as  may  be 
required  for  the  proper  transaction  of  the  business  of  the  district,  but 
a  special  meeting  must  be  ordered  by  a  majority  of  the  board.  The 
order  must  be  entered  of  record,  and  five  days  notice  thereof  must  by 
the  secretary  be  given  to  each  director  not  joining  in  the  order.  The 
order  must  specify  the  business  to  be  transacted,  and  no  other  business 
than  that  specified  in  the  order  may  be  transacted  at  such  special 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  27 

meeting,  unless  all  the  members  are  present  and  consent  to  the  con- 
sideration of  any  biisine&s  not  specified  in  said  order.  All  meetings  of 
the  board  must  be  public  and  three  members  shall  constitute  a  quorum 
for  the  transaction  of  business;  provided,  however,  that  when  the 
board  consists  of  three  members  only,  then  in  such  case  two  shall  consti- 
tute a  quorum  for  the  transaction  of  business,  but  on  all  questions 
requiring  a  vote,  except  a  motion  to  adjourn  or  a  motion  to  adjourn  to 
a  stated  time,  there  shall  be  a  concurrence  of  at  least  the  number 
constituting  a  quorum.  A  smaller  number  of  directors  than  a  quorum 
may  adjourn  from  day  to  day.  All  records  of  the  board  shall  be  open 
to  public  inspection  during  business  hours.  "Whenever  any  act  is 
required  to  be  done  or  proceeding  taken  by  this  act,  or  by  an  act 
supplemental  or  amendatory  thereto,  on  the  first  Tuesday  in  any  month, 
such  act  may  be  done  or  proceeding  had  upon  the  day  vspecified  in  the 
resolution  hereinbefore  referred  to  as  the  time  for  the  regular  meeting 
of  the  board  of  directors;  provided,  also,  that  w^hen  a  day  other  than  the 
first  Tuesday  in  the  month  shall  have  been  specified  as  the  time  for 
the  regular  meeting  of  the  board  of  directors,  thereafter  the  newly 
elected  officers  of  the  district  shall  take  office  at  noon  on  the  day  fixed 
for  the  regular  monthly  meeting  of  said  board  in  March  and  said 
l)oard  shall  meet  for -reorganization  and  the  transaction  of  any  other 
business  of  the  district  in  the  afternoon  of  said  dav.  (Stats.  1917, 
p.  755.) 

Imperial  Land  Co.  vs.  Imperial  Irr.  District,  17:>  Cal.  6C0-i». 

Publication  of  financial  condition. 

Sec.  14a.  The  board  of  directors  at  their  reu:ular  monthly  meeting 
in  January  of  each  year  shall  render  and  immediately  thereafter  cause 
to  be  published  a  verified  .<5tatement  of  the  financial  condition  of  the 
district,  showing  particularly  the  receipts  and  disbursements  of  the  last 
preceding  i'ear,  together  with  the  source  of  such  receipts  and  purpose 
of  .such  disbursements.  Said  publication  shall  ))e  made  at  least  once 
a  week  for  two  weeks,  in  some  newspaper,  published  in  the  county 
where  the  office  of  the  board  of  directors  of  such  district  is  situated. 
(Stats.  1917,  p.  756.) 

General  powers  of  directors. 

Sec.  15.  The  board  of  directors  shall  have  the  power  and  it  shall  be 
their  duty  to  manage  and  conduct  the  business  and  aft'airs  of  the  dis- 
trict; make  and  execute  all  necessary  contracts;  employ  and  appoint 
such  agents,  officers,  and  employees  as  may  be  required,  and  prescribe 
their  duties.^  The  board  and  its  agents  and  employees  .shall  have  the 
right  to  enter  upon  any  land  to  make  surveys,  and  may  locate  the 
necessary  irrigation  works  and  the  line  for  canal  or  canals,  and  the 
necessary  branches  for  the  same  on  any  lands  which  may  l)e  deemed 
best  for  such  location.  Said  board  shall  also  have  the  right  to  acquire, 
by  purchase,  lease,  contract,  condemnation,-  or  other  legal  means,  all 
lands,  and  waters,  and  water  rights,  and  other  property  necessary  for 

'Section  7  of  the  Workmen's  Compensation,  Insurance  and  Safety  Act  of  1917  (as 
amended  by  Stats.  1919,  p.  913)  provides  that  the  term  "employer"  as  used  in  the 
act,  shall  be  construed  to  include  irrigation  districts. 

^For  power  of  district  to  take  immediate  possession  of  right  of  way  in  eminent 
domain  proceedings,  see  Art.  I,  Sec.  14,  of  the  Constitution,  page  11  hereof. 


28  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

the  construction,  use,  supply,  maintenance,  repair  and  improvements  of 
said  canal,  or  canals,  and  works,  whether  in  this  or  in  other  states^  or 
in  a  foreign  nation,  including  canals,  and  works  constructed  and  being 
constructed  by  private  owners,^  lands  for  reservoirs  for  the  storage 
of  needful  waters,  and  all  necessary  appurtenances,  and  also  where 
nece.ssary  or  convenient  to  said  ends  to  acquire  and  hold  the  stock  of 
other  corporations  domestic  or  foreign^  owning  waters,  canals,  water- 
works, franchises,  concessions  or  rights.  Said  board  may  enter  into, 
and  do  any  acts  necessary  or  proper  for  the  performance  of,  any  agree- 
ments with  the  United  States,*  or  any  state,  county,  district  of  any 
kind,  public  or  private  corporation,  association,  firm  or  individual,  or 
any  number  of  them,  for  the  joint  acquisition,  construction,  leasing, 
ownership,  disposition,  use,  management,  maintenance,  repair  or  opera- 
tion of  any  rights,  works  or  other  property  of  a  kind  which  might 
lawfully  be  acquired  or  owned  by  the  irrigation  district,  and  may 
acquire  the  right  to  store  water  in  any  reservoirs  or  to  carry  water 
through  any  canal,  ditch  or  conduit  not  owned  or  controlled  by  the 
district,  and  may  grant  to  any  owner  or  lessee  of  the  right  to  the  use 
of  any  water  the  right  to  store  such  water  in  any  reservoir  of  the 
district  or  to  carry  such  water  through  any  canal,  ditch  or  conduit  of 
the  di.strict.'*     (Stats.  1919,  p.  661.) 

Irrigation  district  may  sue  and  be  sued. 

Boehmcr  vs.  Big  Rock  In:  Dist.,  117  Cal.  19  ; 

Peters  vs.  Union  Gap  Irr.  Dist.  (Wasli. ),  167  Pac.  lOS.'i; 

Noon  vs.  Gem  Irr.  District,  205  Fed.  402. 

Power  of  directors  to  make  contracts : 

Board  of  Directors  vs.  Peterson  (Ore.),  128  Pac.  837; 

Colburn  vs.  Wilson  (Idaho),  130  Pac.  381  ; 

Hansen  vs.  Kittitas  Dist.   (Wash.),  134  Pac.  1083. 

Warm  Springs  Irr.  Dist.  vs.  Pacific  Live  Stock  Company  (Ore.),  173  Pac.  265. 

Sec.  15a.     (Repealed  Stats.  1919,  p.  661,  Ch.  339.) 

Dams;  conveyances. 

Sec.  156.  The  board  of  directors  of  any  irrigation  district  may  also 
construct  the  necessary  dams,  reservoirs,  and  works  for  the  collection 
of  water  for  said  district,  and  do  any  and  every  lawful  act  necessary 
to  be  done,  that  sufficient  water  may  be  furnished  to  each  landowner  in 
said  district  for  irrigation  and  domestic  purposes;  provided,  that  where, 
within  irrigation  districts  mutual  water  companies  have  been  organ- 
ized to  furnish  water  to  certain  specified  lands  within  said  districts, 
the  board  of  directors  of  such  di.striets  are  hereby  authorized  and 
(Empowered  to  contract  for  the  delivery  of  water  for  such  lands  as  lie 
within  the  boundary  of  said  water  companies,  through  said  mutual 
water   companies   only.     The   said   board   is   hereby   authorized   and 

'For  regulations  governing  agreements  with  Irrigation  districts  in  adjoining  states, 
see  supplementary  act  of  1917  (Stats.  1917,  p.  905). 

'The  procedure  before  the  Railroad  Commission  for  the  valuation  of  the  property 
of  a  public  utility  in  condemnation  proceedings  instituted  by  a  district  is  prescribed 
in  sections  47  and  70  of  the  Public  Utilities  Act   (as  .amended  by  Stats.  1917,  p.  261). 

'Districts  are  given  authority  to  acquire  the  stock  of  any  foreign  corporation  own- 
ing a  system  in  a  foreign  country  by  Art.  IV.,  Sec.  31,  of  the  Constitution,  page 
11  hereof.     " 

'Authority  to  enter  into  agreements  with  the  United  States  government  under  the 
federal  reclamation  laws  is  given  by  Stats.  1917,  p.  243  and  p.  781.  Supplementary 
powers  are  also  given  by  Stats.  1907,  p.  569,  providing  for  drainage  by  districts,  and 
Stats.  1913,  p.  75,  permitting  the  employment  of  agricultural  experts  by  districts. 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  29 

empowered  to  take  conveyances,  leases,  contracts  or  other  assurances 
for  all  property  acquired  by  it  under  the  provisions  of  this  act,  in  the, 
name  of  such  irrigation  district,  to  and  for  the  uses  and  purposes  herein 
expressed,  and  to  institute  and  maintain  any  and  all  actions  and 
proceedings,  suits  at  law  or  in  equity  necessary  or  proper  in  order  to 
fully  carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain, 
protect  or  preserve  any  and  all  rights,  privileges  and  immunities  created 
by  this  act,  or  acquired  in  pursuance  thereof.  And  in  all  courts,  actions, 
suits  or  proceedings,  the  said  board  may  sue,  appear  and  defend  in 
person  or  by  attorneys,  and  in  the  name  of  .such  irrigation  district. 
(Stats.  1917,  p.  758.) 

Rig}it  to  contract  with  mutual  water  company  to  deliver  water  to  district  sus- 
tained under  Idaho  statute. 

Pionetr  Irr.  Dist.  vs.  Stone  (Idaho),  130  Pac.  382. 

Rules  for  use  of  water. 

Sec.  15c.  It  shall  be  the  duty  of  the  board  of  directors  of  any  irri- 
gation district  to  establish  equitable  by-laws,  rules  and  regulations  for 
the  distribution  and  use  of  water  among  the  owners  of  said  lands, 
which  must  be  printed  in  convenient  form  for  distribution  in  the 
district.  Said  board  shall  have  power  generally  to  perform  all  .such 
acts  as  shall  be  necessary  to  fully  earrv  out  the  purpo.ses  of  this  act. 
(Stats.  1917,  p.  758.) 

General  and  implied  powers : 

City  of  Navipa  vs.  Numpa,  etc.,  Dist.   (Idaho),  1  :U  Pac.  S; 
Stevens  v.s.  Sfelville  (Utah),  175  Pac.  602-4. 

Power  to  make  and  enforce  rules : 

Hamp  vs.  State  (Wyo.),  118  Pac.  6.53,  662: 

La  Mesa  Community  Ditch  vs.  Appelzoellcr  (N.  Mex.),  HO  Pac.  1051. 

Change  election  precincts;  lease  canals. 

Sec.  15d.  The  board  of  directors,  when  they  deem  it  advisable  for 
the  best  interests  of  the  district,  and  the  convenience  of  the  electors 
thereof,  may  at  any  time,  but  not  less  than  sixty  days  before  an  election 
to  be  held  in  the  di.strict,  change  the  boundaries  of  the  divisions  or 
election  precincts  of  the  district  or  of  both;  provided,  such  changes 
shall  be  mad<!  to  keep  each  division  as  nearly  equal  in  area  and  popula- 
tion as  may  be  practicable.  Such  change  .of  boundaries  of  the  divisions 
and  precincts  must  l)e  shown  on  the  minutes  of  the  board.  The  board 
of  directors  of  any  irrigation  district  now  or  that  may  hereafter  be 
organized  in  the  .state,  shall  also  have  the  power,  and  such  board  is 
hereby  vested  with  the  authority,  to  lease  the  sy.stem  of  canals  and 
works  in  the  district,  or  any  part  thereof,  whenever  such  leasing  may 
be  for  the  benefit  of  the  district;  provided,  that  when  the  directors  of 
any  irrigation  district  contemplate  the  leasing  of  the  canals  and  works 
of  such  district,  they  shall  give  notice  of  .such  contemplation  by  pub- 
lishing the  same  in  some  newspaper  published  in  the  county  in  which 
such  irrigation  district  lies,  at  least  three  weeks  prior  to  the  making  of 
any  lease,  and  such  lease  shall  be  made  to  the  highest  bidder.  But  such 
board  shall  have  the  right  to  reject  any  and  all  such  bids.  Such  lease 
shall  in  no  way  interfere  with  any  rights  that  may  have  been  established 
by  law,  at  the  time  such  lease  is  made;  and,  further  provided,  that  the 


30  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

board  of  directors  shall  roquiro  a  good  and  sufficient  bond  to  secure  faith- 
ful performance  of  the  lease  by  the  lessees.     (Stats.  1917,  p.  758.) 

Lease  or  transfer  of  property : 

Byington  vs.  Sacramento  Valley,  etc.,  Co.,  170  Cal.  124,  130. 

Sec.  15i.     (Renumbered  as  section  15d  by  Stats.  1917,  p.  758.) 

Condemnation  proceedings. 

Sec.  16.  In  ease  of  condemnation  proceedings  the  board  shall  pro- 
ceed, in  the  name  of  the  district,  under  the  provisions  of  title  .seven, 
part  three  of  the  Code  of  Civil  Procedure  of  the  State  of  California, 
and  all  pleadings,  proceedings,  and  process  in  said  title  provided  shall 
be  applicable  to  the  condemnation  proceedings  hereunder.^  (Stats. 
1917,  p.  759.) 

Condemnation,  procedure  : 

Warm  Sprhigs  Irr.  Dist.  vs.  Pacific  Live  Stock  Co.  (Ore.),  173  Pac.  265. 

Power  to  condemn  canals  and  water  rights  of  irrigation  district  for  more  necessary 
public  use,  queried  : 

Colburn  vs.  Wilson  (Idalio),  130  Pac.  381. 

WATER  REGULATIONS. 
Water  regulations. 

Sec.  17.  The  use  of  all  water  required  for  the  irrigation  of  the 
lands  of  any  district  formed  under  the  provisions  of  this  act,  or  the 
act  of  which  this  is  supplementary  or  amendatory,  and  for  domestic 
and  other  incidental  and  beneficial  uses,  within  such  district,^  together 
with  the  rights  of  way  for  canals  and  ditches,^  sites  for  reservoirs,  and 
all  other  property  required  in  fully  carrying  out  the  provisions  of  this 
act  is  hereby  declared  to  be  a  public  use,  subject  to  the  regulation  and 
control  of  the  state,  in  the  manner  prescribed  by  law.  (Stats.  1911, 
p.  512.) 

Apportionment  of  water. 

Sec.  18.  It  is  hereby  expressly  provided  that  all  waters  distributed 
for  irrigation  purpo.ses  shall  be  apportioned  ratably  to  each  land  owner 
upon  the  basis  of  the  ratio  which  the  last  as.sessment  of  such  owner  for 
district  purposes  within  said  district  bears  to  the  whole  sum  assessed 
upon  the  district;  and  any  land  owner  may  assign  the  right  to  the 
whole  or  any  portion  of  the  waters  so  apportioned  to  him ;  provided, 
that  when  any  ratas  of  toll  and  charges  for  the  use  of  water  are  fixed 
by  the  board  of  directors,  as  provided  in  section  fifty-five  of  this  act, 
the  water  for  the  use  of  which  such  rates  of  toll  and  charges  have  been 
fixed  shall  be  distributed  equital)ly,  as  may  be  provided  by  the  board 
of  directors,  among  those  offering  to  make  the  re(iuired  payment  there- 
for; and  provided,  further,  that  if  an  irrigation  district  has  contracted 
to  deliver,  and  is  delivering,  water  to"  mutual  water  companies  for 
distribution  to  territory  served  thereby,  the  water  shall  be  apportioned 

'For  power  of  district  to  take  immediate  possession  of  right  of  way  In  eminent 
domain  proceedinKS,  see  Art.  I,  Sec.  14.  of  the  Constitution,  page  11  hereof. 

=See  Art.  XIV,  Sec.  1,  of  the  Constitution,  page  12  hereof,  declaring  use  of  water 
a  public  use.  Also  "An  act  regarding  irrigation  and  declaring  the  same  to  be  a 
public  use,"  approved  May  1,  1911,  Stats.  1911,  p.  1407. 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  31 

on  such  a  basis  as  the  board  of  directors  sliall  find  to  be  just  and 
equitable  and  for  the  best  interests  of  all  parties  concerned.  (Stats. 
1919,  p.  661.) 

Board  of  Directors  vs.  Tregea,  88  Cal.  353  ; 
Merchants,  etc..  Bank  vs.  Escondido  Seminary,  144  Cal.  329  ; 
r,  Jcnnison  vs.  Redfield,  149  Cal.  500. 

GENERAL  ELECTIONS. 
Irrigation  district  officers  to  be  elected. 

Sec.  19.  An  election,  which  shall  be  known  as  the  general  irrigation 
district  election,  shall  be  held  in  each  irrigation  district  on  the  first 
Wednesday  in  February  in  each  odd-numbered  year,  at  which  a  suc- 
C(\ssor  shall  be  chosen  to  each  officer  whose  term  shall  expire  in  March 
next  thereafter.  The  person  receiving  the  highest  number  of  votes  for 
each  office  to  be  filled  at  such  election  shall  be  elected  thereto.  The 
elective  officers  of  an  irrigation  district  shall  be  as  many  directors  as 
there  are  divisions  in  the  district,  and  an  assessor,  a  collector  and  a 
treasurer;  provided,  that  if  any  two  or  inore  offices  shall  have  been 
consolidated  as  provided  in  section  seven  or  section  twenty-seven  hereof, 
only  one  person  shall  be  elected  to  fill  such  consolidated  offices.  The 
term  of  office  of  each  elective  officer  of  an  irrigation  district  elected  at 
or  after  the  general  irrigation  district  election  in  one  thousand  nine 
hundred  nineteen  shall  be  four  years,  or  until  his  successor  is  elected 
and  has  qualified.     (Stats.  1917,  p.  759.) 

Official  bonds. 

Sec.  19a.  Within  ten  days  after  receiving  their  certificates  of  elec- 
tion hereinafter  provided  for,  said  officers  shall  take  and  subscribe  the 
official  oath,  and  file  the  .same  in  the  office  of  the  board  of  directors, 
and  execute  the  bond  hereinafter  provided  for.  The  assessor  shall 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  and  the 
collector  an  official  bond  in  the  sum  of  twenty  thousand  dollars,  and 
the  district  treasurer  an  official  bond  in  the  sum  of  fifty  thousand  dol- 
lars; each  of  said  bonds  to  be  approved  by  the  board  of  directors; 
provided,  that  the  board  of  directors  may,  if  it  shall  be  deemed 
advisable,  fix  the  bonds  of  the  treasurer  and  collector,  respectively,  to 
suit  the  conditions  of  the  district,  the  maximum  amount  of  the  treas- 
urer's bond  not  to  exceed  fifty  thousand  dojlars,  and  tiie  minimum 
amount  thereof  not  to  l)o  less  than  ten  thousand  dollars ;  and  the  maxi- 
mum amount  of  the  collector's  bond  not  to  exceed  twenty  thousand 
doflars,  and  the  minimum  amount  of  the  collector's  bond  not  to  be  less 
than  five  thoasand  dollars.  Each  member  of  said  board  of  directors 
shall  execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  which 
said  bonds  shall  be  approved  by  the  judge  of  the  superior  court  of  said 
county  where  such  organization  was  effectetl,  and  shall  be  recorded  in 
the  office  of  the  county  recorder  thereof,  and  filed  with  the  secretary  of 
said  board.  All  official  bonds  herein  provided  for  shall  be  in  the  form 
prescribed  by  law  for  the  official  bonds  of  county  officers  and  the 
premiums  thereon  may  be  paid  by  the  district;  provided,  that  in  case 
any  district  organized  under  this  title  is  appointed  fiscal  agent  of  the 

3—48601 


32  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

United  States  or  by  the  United  States  in  connection  with  any  federal 
reclamation  project,  each  of  said  officers  shall  execute  a  further  and 
additional  official  bond  in  such  sum  as  the  secretary  of  the  interior  may 
require,  conditioned  for  the  faithful  discharge  of  the  duties  of  his  office 
and  the  faithful  discharge  by  the  district  of  its  duties  as  fiscal  or  other 
agent  of  the  United  States  under  any  such  appointment  or  authorization, 
and  any  such  bond  may  be  sued  upon  by  the  United  States  or  any 
person  injured  bj'  the  failure  of  such  officer  or  the  district  to  fully, 
promptly  and  completely  perform  their  respective  duties.  (Stats.  1917, 
p.  760.)' 

Form  and  condition  of  official  bond  : 

Political  Code,  sections  954,  958. 

Vacancy  created  by  failure  of  officer  to  qualify : 
Political  Code,  section  996,  subdivision  9. 

If  election  be  not  held. 

Sec.  196.  If  an  election  is  not  held  as  herein  provided,  then  upon 
the  filing  of  a  petition  with  the  secretary  of  the  board  of  directors  of 
such  district,  signed  by  ten  per  cent  of  the  electors  residing  within 
the  boundaries  of  any  such  irrigation  district,  requesting  that  a  special 
election  be  called  for  the  election  of  such  officers,  the  directors  of  such 
district  shall  thereupon  call  a  special  election  thereof  for  the  election  of 
such  officers,  such  election  to  be  held  within  not  less  than  fifteen,  nor 
more  than  thirty  days  after  the  filing  of  such  petition.  (Stats.  1917, 
p.  760.) 

Beginning  of  term ;  organization  of  board. 

Sec.  20.  At  noon  of  the  first  Tuesday  in  March  next  following 
their  election,  except  as  provided  in  section  fourteen  of  this  act,  the 
officers  who  shall  have  been  elected  at  the  preceding  general  irrigation 
district  election  shall  enter  upon  the  duties  of  their  raspective  offices. 
On  the  first  Tuesday  in  March  next  following  each  election,  the  directors 
shall  meet  and  organize  as  a  board,  elect  a  president  and  appoint  a 
secretary,  who  shall  each  hold  office  during  the  pleasure  of  the  board. 
(Stats.  1917,  p.  761.) 

Notice  of  elections;  election  officers. 

Sec.  21.  Fifteen  days  before  any  election  held  under  this  act,  subse- 
quent to  the  organization  of  any  district,  the  secretary  of  the  board  of 
directors  shall  cause  notices  to  be  posted  in  three  public  places  in  each 
election  precinct,  of  the  time  and  place  of  holding  the  election,  and 
shall  also  post  a  general  notice  of  the  same  in  the  office  of  said  board, 
which  shall  be  establi.shed  and  kept  at  some  fixed  place,  to  be  determined 
by  said  board,  specifying  the  polling  places  of  each  precinct.  Prior  to 
the  time  for  pasting  the  notices,  the  board  must  appoint  for  each 
precinct,  from  the  electors  thereof,  one  in.spector  and  two  judges,  who 
shall  constitute  a  board  of  election  for  such  precinct.  If  the  board  fail 
to  appoint  a  board  of  election,  or  the  members  appointed  do  not  attend 
at  the  opening  of  the  polls  on  the  morning  of  election,  the  electors  of 
the  precinct  present  at  that  hour  may  appoint  the  board,  or  supply  the 
place  of  an  absent  member  thereof.     The  board  of  directors  must,  in 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  33 

its  order  appointing  the  board  of  election,  designate  the  house  or  place 
within  the  precinct  where  the  election  must  be  held. 

Powers  and  duties  of  election  officers. 

Sec.  22.  The  inspector  is  chairman  of  the  election  board  and  may 
administer  all  oaths  required  in  the  process  of  an  election ;  and  appoint 
judges  and  clerks,  if,  during  the  progre&s  of  the  election,  any  judge  or 
clerk  cease  to  act.  Any  member  of  the  board  of  election,  or  any  clerk 
thereof,  may  administer  and  certify  oaths  required  to  be  administered 
during  the  progress  of  an  election.  The  board  of  election  of  each 
precinct  must,  before  opening  the  polls,  appoint  two  persons  to  act  as 
clerks  of  the  election.  Before  opening  the  polls,  each  member  of  the 
])oard  and  each  clerk  must  take  and  subscribe  an  oath  to  faithfully 
perform  the  duties  imposed  upon  them  by  law.  Any  elector  of  the 
precinct  may  administer  and  certify  sueh^oath.  The  polls  must  be 
opened  at  8  a.m.  on  the  morning  of  the  election,  and  be  kept  open  until 
4  p.m.,  when  the  same  must  be  closed.     (Stats.  1909,  p.  1062.) 

Opening  and  closing  polls : 

Board  of  Directors  vs.  Abila,  106  Cal.  365. 

Ballots;  manner  of  voting. 

Sec.  22a.  The  ballot  used  at  the  election  shall  be  provided  by  the 
board  of  directors,  and  one  of  the  clerks  of  election  shall  deliver,  to 
each  of  the  electors,  one  of  the  ballots  so  provided.  The  ballots  shall 
have  printed  on  them  the  names  of  all  candidates  whose  names  have 
been  filed  as  provided  in  this  act,  witli  a  voting  square  behind  each 
name.  The  names  shall  be  arranged  in  groups,  alphabetically,  under 
the  designation  of  the  office  for  which  each  person  named  is  a  candidate. 
"Where  more  than  one  person  is  to  be  elected  for  an  office  of  the  same 

title,  the  words  "Vote  for (inserting  the  proper  number)"  shall 

be  printed  under  the  title  of  the  office.  p]ach  elector  shall  stamp  a 
cross,  with  a  rubber  stamp  to  he  provided  by  the  board  of  directors,  in 
the  square  behind  the  name  of  each  candidate  he  wishes  to  vote  for. 
(Stats.  1909,  p.  1062.) 

Form  of  ballot : 

Political  Code,  section  1197.  subdivision  8; 
h'des  vs.  Haley  (Wash.),  162  Pac.  50. 

Nominating  petitions. 

Sec.  226.  Not  less  tiian  ten  days  before  the  election,  any  ten  or 
mofe  electors  in  the  district  may  file  with  the  board  of  directors  a 
petition,  requesting  that  certain  persons,  specified  in  such  petition  be 
placed  on  the  ballot  as  candidates  for  the  office  named  in  the  petition. 
The  names  proposed  by  tiic  various  petitions  so  filed,  and  no  others, 
shall  be  printed  on  tlie  ballots.  But  there  shall  be  sufficient  blank 
spaces  left  in  which  electors  may  write  other  name.s  if  they  so  desire. 
The  petitions  shall  be  preserved  in  the  office  of  the  secretary  of  the 
district.     (Stats.  1909,  p.  1063.) 

Voting  and  counting  of  votes. 

Sec.  23.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and 
may  be  continued  during  all  the  time  the  polls  remain  opened,  and 


34  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

shall  be  conducted,  as  nearly  as  practicable,  in  accordance  with  the 
provisions  of  the  general  election  laws  of  this  state.  As  soon  as  all  the 
votes  are  counted,  a  certificate  shall  be  drawn  upon  each  of  the  papers 
containing  the  poll  lists  and  tallies,  or  attached  thereto,  stating  the 
number  of  votes  each  one  voted  for  has  received,  and  designating  the 
office  to  fill  which  he  was  voted  for,  which  number  shall  be  written  in 
figures  and  in  words  at  full  length.  Each  certificate  shall  be  signed 
by  the  clerk,  judge,  and  the  inspector.  One  of  said  certificates,  with  the 
poll  list  and  the  tally  paper  to  which  it  is  attached,  shall  be  retained 
by  the  inspector,  and  preserved  by  him  at  least  six  months.  The  ballots 
shall  be  strung  upon  a  cord  or  thread  by  the  inspector,  during  the 
counting  thereof,  in  the  order  in  which  they  are  entered  upon  the  tally 
list  by  the  clerks;  and  said  ballots  together  with  the  other  of  said 
certificates,  with  the  poll  list  and  tally  paper  to  which  it  is  attached, 
shall  be  sealed  by  the  inspector  in  the  presence  of  the  judges  and  clerks, 
and  indorsed  "Election  returns  of  (naming  the  precinct)  precinct," 
and  be  directed  to  the  secretary  of  the  board  of  directors,  and  shall  be 
immediately  delivered  by  the  inspector,  or  by  some  other  safe  and 
responsible  carrier  designated  by  said  inspector,  to  said  secretary,  and 
the  ballots  shall  be  kept  unopened  for  at  least  six  months;  and  if  any 
person  be  of  the  opinion  that  the  vote  of  any  precinct  has  not  been 
correctly  counted,  he  may  appear  on  the  day  appointed  for  the  board 
of  directors  to  open  and  canvass  the  returns,  and  demand  a  recount  of 
the  vote  of  the  precinct  that  is  so  claimed  to  have  been  incorrectly 
counted. 

Right  of  contest  of  election  of  officers  elected  at  irrigation  district  election : 

Hertle  vs.  Ball  X Idaho),  72  Pac.  953.  \ 

(See,  also,  Sec.  72,  infra.) 

Canvass  of  votes. 

Sec.  24.  No  list,  tally  paper,  or  certificate  returned  from  any 
election,  shall  be  set  aside  or  rejected  for  want  of  form,  if  it  can  be 
satisfactorily  understood.  The  board  of  directors  must  meet  at  its 
usual  place  of  meeting  on  the  first  Monday  after  each  election  to  can- 
vass the  returns.  If,  at  the  time  of  meeting,  the  returns  from  each 
precinct  in  the  district  in  which  the  polls  were  opened  have  been 
received,  the  board  of  directors  must  then  and  there  proceed  to  canvass 
the  returns;  but  if  all  the  returns  have  not  been  received,  the  canvass 
must  be  postponed  from  day  to  day  until  all  the  returns  have  been 
received,  or  until  six  postponements  have  been  had.  The  canvass  must 
be  made  in  public  and  by  opening  the  returns  and  estimating  the  vote 
of  the  district  for  each  person  voted  for,  and  declaring  the  result 
thereof. 

Canvassing  returns  and  declaring  result : 

Board  of  Directors  vs.  Abila,  106  Cal.  355  ; 
Edea  vs.  Haley  (Wash.),  162  Pac.  50. 

Statement  of  results;  vacancies,  how  filled. 

Sec.  25.  The  secretary  of  the  board  of  directors  must,  as  soon  as  the 
result  is  declared,  enter  in  the  records  of  such  board  a  statement  of 
such  result,  which  statement  must  show:  (a.)  The  whole  number  of 
votes  cast  in  the  district,  and  in  each  division  of  .the  district;  (6)  the 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  35 

names  of  the  persons  voted  for;  (c)  the  office  to  fill  which  each  person 
was  voted  for;  (d)  the  number  of  votes  given  in  each  precinct  to  each 
of  such  persons;  (e)  the  number  of  votes  given  in  each  division  for 
the  office. of  director,  and  the  number  of  votes  given  in  the  district  for 
the  offices  of  assessor,  collector,  and  treasurer.  The  board  of  directors 
must  declare  elected  the  persons  having  the  highest  number  of  votes 
given  for  each  office.  The  secretary  must  immediately  make  out  and 
deliver  to  such  person  a  certificate  of  election,  signed  by  him,  and 
authenticated  with  the  seal  of  the  board. 

In  case  of  a  vacancy  in  the  office  of  assessor,  collector,  or  treasurer, 
the  vacancy  shall  be  filled  by  appointment  of  the  board  of  directors; 
provided,  that  if  said  board  of  directors  shall  neglect  or  refuse  to  make 
such  appointment  within  a  period  of  forty  days,  then  the  board  of 
supervisors  of  the  county  wherein  the  office  of  said  board  of  directors 
is  situated  shall  make  such  appointment.  In  ease  of  a  vacancy  in  the 
office  of  director,  the  vacancy  shall  be  filled  by  appointment  by  the  board 
of  supervisors  of  the  county  where  the  office  of  such  board  of  directors 
is  situated,  from  the  division  in  which  the  vacancy  occurred.  An  officer 
appointed  as  above  provided  shall  hold  his  office  until  the  next  regular 
election  for  said  district,  and  until  his  successor  is  elected  and  qualified. 

Qualification  of  director. 

Sec.  26.  A  director  shall  be  a  resident  and  freeholder  of  the 
irrigation  district  and  a  resident  of  the  division  which  he  is  elected  to 
represent.     (Stats.  1917,  p.  761.) 

The  acts  of  an   offlcer,   though  not  qualified   for  want  of  residence  within   the 
district,  will  be  regarded  as  valid  acts  of  an  offleer  rfe  facto. 
Baxter  vs.  Vinclmtd  Irr.  Dist..  136  Gal.  185.  193. 

Consolidation  of  offices. 

>-  Sec.  27.  The  board  of  directoi-s  may,  in  its  discretion,  consolidate 
any  two  or  more  of  the  offices  of  assessor,  collector,  and  treasurer.  The 
order  of  consolidation  must  be  made  at  least  thirty  days  prior  to  general 
election  of  the  district,  and  shall  take  effect  at  the  next  succeeding 
election;  provided,  that  the;  l)()ard  of  directors  may,  at  least  thirty  days 
before  a  general  election  of  the  district,  where  the  offices  have  been 
consolidated,  segregate  the  same,  each  office  to  be  filled  at  such  election. 

Number  of  directors. 

Sec.  28.  In  any  district  the  board  of  directors  thereof  must  upon  a 
presentation  of  the  petition  therefor,  by  a  majority  of  the  holders  of 
title,  or  evidence  of  title,  of  said  district,  evidenced  as  above  provided, 
order  that  on  and  after  the  next  ensuing  general  election  for  the  dis- 
trict, there  shall  be  either  three  or  five  directors.     (Stats.  1917,  p.  761.) 

Recall  of  officers. 

Sec.  28|.  The  holder  of  any  elective  office  of  any  irrigation  district 
may  be  removed  or  recalled  at  any  time  l)y  the  electors;  provided,  he 
has  held  his  office  at  least  six  months.  The  provisions  of  this  section 
are  intended  to  apply  to  officials  now  in  office,  as  well  as  to  those  here- 
after elected.     The  procedure  to  effect  such  removal  or  recall  shall  be 


36  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

as  follows:  A  petition  demanding  the  election  of  a  successor  to  the 
person  sought  to  be  removed  shall  be  filed  with  the  secretary  of  the 
board  of  directors  of  such  district,  which  petition  shall  be  signed  by 
registered  voters  equal  in  number  to  at  least  twenty -five  per  cent  of  the 
highest  vote  cast  within  such  district  for  candidates  for  the  office,  the 
incumbent  of  which  is  sought  to  be  removed,  at  the  last  general  election 
in  such  district  at  which  an  incumbent  of  such  office  was  elected,  or,  in 
the  case  of  the  removal  of  the  incumbent  of  an  office  elected  by  a 
subdivision  of  such  district,  such  petition  shall  be  signed  by  a  like 
percentage  of  qualified  electors  of  such  subdivision  computed  upon  the 
total  number  of  votes  cast  in  such  subdivision  for  all  candidates  for  the 
office,  the  incumbent  of  which  is  sought  to  be  removed,  at  the  last 
general  election  in  such  subdivision  at  which  an  incumbent  of  such 
office  was  elected;  and  said  petition  shall  contain  a  statement  of  the 
grounds  on  which  the  removal  or  recall  is  sought,  which  statement  is 
intended  solely  for  the  information  of  the  electors.  Any  insufficiency 
of  form  or  substance  in  such  statement  shall  in  nowise  affect  the  validity 
of  the  election  and  proceedings  held  thereunder.  The  signatures  to  the 
petition  need  not  all  be  appended  to  one  paper.  Each  signer  shall  add 
to  his  signature  his  place  of  residence,  giving  the  precinct,  and  if  within 
a  town  having  named  streets  and  numbered  houses,  street  and  number. 
Each  such  separate  paper  shall  have  attached  thereto  an  affidavit  made 
by  an  elector  of  the  district  and  sworn  to  before  an  officer  competent  to 
administer  oaths,  stating  that  the  affiant  circulated  that  particular  paper 
and  saw  written  the  signatures  appended  thereto;  and  that  according 
to  the  best  information  and  belief  of  the  affiant,  each  is  the  genuine 
signature  of  the  person  whose  name  purports  to  be  thereunto  subscribed 
and  of  a  qualified  elector  of  the  district.  Within  ten  days  from  the 
date  of  filing  such  petition,  the  secretary  of  the  board  shall  examine 
and  from  the  records  of  registration  ascertain  whether  or  not  said 
petition  is  signed  by  the  requisite  number  of  qualified  electors,  and  he 
shall  attach  to  said  petition  his  certificate  showing  the  result  of  said 
examination.  If  by  the  said  certificate  the  petition  is  shown  to  be  insuf- 
ficient, it  may  be  supplemented  within  ten  days  from  the  date  of  sudi 
certificate,  by  the  filing  of  additional  papers,  duplicates  of  the  original 
petition  except  as  to  the  names  signed.  The  secretary  shall,  within  ten 
days  after  such  supplementing  papers  are  filed,  make  like  examination 
of  a  supplementing  petition,  and  if  a  certificate  shall  show  that  all  the 
names  to  such  petition,  including  the  supplemental  papers,  are  still 
insufficient,  no  action  shall  be  taken  thereon;  but  the  petition  shall 
remain  on  file  as  a  public  record;  and  the  failure  to  secure  sufficient 
names  shall  be  without  prejudice  to  the  filing  later  of  an  entirely  new 
petition  to  the  same  effect.  If  the  petition  shall  l)e  found  to  be  sufficient, 
the  secretary  shall  submit  the  same  to  the  board  of  directors  without 
delay,  whereupon  the  board  shall  forthwith  cause  a  special  election  to 
be  held  within  not  less  than  thirty-five  nor  more  than  forty  days  after 
the  date  of  the  order  calling  such  election,  to  determine  whether  the 
voters  will  recall  such  officer;  provided,  that  if  a  general  election  is  to 
occur  within  sixty  days,  from  the  date  of  the  order  calling  for  such 
election,  the  board  may  in  its  discretion  postpone  the  holding  of  such 
election  to  such  general  election  or  submit  such  recall  election  at  any 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  37 

such  general  election  for  officers  of  such  district  occurring  not  less  than 
thirty-five  days  after  such  order.  If  a  vacancy  occur  in  said  office  after 
a  recall  petition  is  filed,  the  election  shall  nevertheless  proceed  as  in  this 
section  provided.  One  petition  is  .sufficient  to  propose  a  removal  and 
election  of  one  or  more  elective  officials.  One  election  is  competent  for 
the  removal  and  election  of  one  or  more  elective  officials.  Nominations 
for  any  office  under  such  recall  election  shall  be  made  in  the  manner 
prescribed  by  section  twenty-two  h  of  this  act. 

There  shall  be  printed  on  the  recall  ballot,  as  to  every  officer  whose 
recall  is  to  be  voted  on  thereat,  the  following  question:  'SShall  (name 
of  per.son  against  whom  the  recall  petition  is  filed)  be  recalled  from  the 
office  of  (title  of  the  office)?"  following  which  question  shall  be  the 
words  "Yes"  and  "No"  on  separate  lines,  with  a  blank  space  at  the 
right  of  each,  in  which  the  voter  shall  indicate,  by  "stamping  a  cross  (X) 
his  vote  for  or  against  such  recall.  On  such  ballots,  under  each  .such 
question,  there  shall  also  be  printed  the  names  of  those  persons  who  have 
been  nominated  as  candidates  to  succeed  the  person  recalled,  in  ca.se  he 
shall  be  removed  from  office  by  said  recall  election ;  but  no  vote  shall  be 
counted  for  any  candidate  for  said  office  unless  the  voter  also  voted  on 
said  question  of  the  recall  of  the  person  sought  to  be  recalled  from  said 
office.  The  name  of  the  person  against  whom  the  petition  is  filed  shall 
not  appear  on  the  ballot  as  a  candidate  for  the  office.  If  a  majority  of 
those  voting  on  said  question  of  the  recall  of  any  incumbent  from  office 
shall  vote  "No,"  said  incumbent  shall  continue  in  said  office.  If  a 
majority  shall  vote  "Yes,"  said  incumbent  shall  thereupon  be  deemed 
removed  from  such  office,  upon  the  qualification  of  his  successor.  The 
election  shall  be  conducted,  canvass  of  all  votes  for  candidates  for  said 
office  shall  be  made  and  the  result  declared  in  like  manner  as  in  a 
regular  election  within  such  district.  If  the  vote  at  any  such  recall 
election  shall  recall  the  officer,  then  the  candidate  who  has  received  the 
highest  number  of  votes  for  the  office  shall  be  thereby  declared  elected 
for  the  remainder  of  the  term.  In  ca.se  the  person  who  received  the 
highest  number  of  votes  shall  fail  to  (lualify  within  ten  days  after 
receiving  the  certificate  of  election,  the  office  shall  be  deemed  vacant  and 
.shall  be  filled  according  to  law.  If  the  vote  at  any  such  recall  election 
shall  not  recall  the  officer,  no  further  petition  for  the  recall  of  such 
officer  shall  be  filed  before  the  expiration  of  six  months  from  the  date 
of  such  first  recall  election.     (Stats.  1911,  Extra  Session,  p.  135.) 

This  section  Is  constitutional. 

Wiyley  vs.  South  San  Joaquin  Irr.  Dist.,  31  Cal.  App.  162,  159  Pac.  985. 

» 

TITLE  TO  PROPERTY. 
Title  to  property  vests  in  district. 

Sec.  29.  The  legal  title  to  all  property  ac(iuired  under  the  provisions 
of  this  act  shall  immediately  and  by  operation  of  law  vest  in  such 
irrigation  di.strict,  and  shall  be  held  by  such  district,  in  trust  for,  and 
is  hereby  dedicated  and  set  apart  to  the  uses  and  purposes  set  forth  in 
this  act.  And  said  board  is  hereby  authorized  and  empowered  to  hold, 
use,  acquire,  manage,  occupy  and  possess  said  property,  as  herein  pro- 
vided. The  board  of  directors  may  determine  by  resolution  duly  entered 
upon  their  minutes  that  any  property,  real  or  personal,  held  by  such 


38  CALIFORNIA   IRRIGATION   DISTRICT  LAWS, 

irrigation  district  is  no  longer  necessary  to  be  retained  for  the  uses  and 
purposes  thereof,  and  may  thereafter  sell  such  property ;  and  a  convey- 
ance of  any  property  held  by  an  irrigation  district,  executed  by  the 
president  and  secretary  thereof,  in  accordance  with  a  resolution  of  the 
board  of  directors  of  such  district,  when  sold  for  a  valuable  considera- 
tion, shall  convey  good  title  to  the  property  so  conveyed.  (Stats.  1909, 
p.  1075.) 

Merchants  Bank  vs.  Escondido  Seminary,  144  Cal.  329  ; 
Jennison  vs.  Redfield,  149  Cal.  500; 
Tulare  Irr.  Dist.  vs.  Collins,  154  Cal.  440. 

ISSUANCE  OF  BONDS. 
Estimate  of  money  needed  for  improvements. 

Sec.  30.  For  the  'purpose  of  constructing  or  purchasing  necessary 
irrigation  canals  and  works,  and  acquiring  the  necessary  property  and 
rights  therefor,  and  for  the  purpose  of  acquiring  waters,  water  rights, 
reservoirs,  reservoir  sites,  and  other  property  necessary  for  the  purposes 
of  said  district,  and  otherwise  carrying  out  the  provisions  of  this  act, 
or  any  other  act  under  which  .said  district  is  or  may  be  authorized  to 
acquire  property  or  construct  works,  the  board  of  directors  of  any  such 
district  must,  as  soon  after  such  district  has  been  organized  as  may  be 
practicable,  and  also  whenever  thereafter  the  board  of  directors  shall 
find  that  the  construction  fund  raised  by  the  last  previous  bond  issue  is 
insufficient,  or  that  the  construction  fund  has  been  exhausted  by 
expenditures  herein  authorized  therefrom  and  it  is  necessary  to  raise 
additional  money  for  said  purposes,  estimate  and  determine  the  amount 
of  money  necessary  to  be  raised.  For  the  purpose  of  ascertaining  the 
amount  of  money  necessary  to  be  raised  for  such  purposes,  or  any  of 
them,  said  board  shall  cause  such  surveys,  examinations,  drawings  and 
plans  to  be  made  as  shall  furnish  the  proper  basis  for  said  estimate. 
Said  surveys,  examinations,  drawings  and  plans,  and  the  estimate  based 
thereon  may  provide  that  the  works  necessary  for  a  completed  project 
shall  be  constructed  progressively  during  a  period  of  years.  In  the 
estimate  of  the  amount  of  money  necessary  to  be  raised  by  the  first  issue 
of  bonds  in  any  district,  the  board  of  directors  may  include  a  sura 
sufficient  to  pay  the  interest  on  all  of  such  bonds  for  three  years  or  less. 
All  such  surveys,  examinations,  drawings  and  plans  shall  be  made  under 
the  direction  of  a  competent  irrigation  engineer  and  shall  be  certified 
by  him.     (Stats.  1919,  p.  662.) 

Purposes  for  wliich  bonds  may  be  issued : 
Hughson  vs.  Crane,  115  Cal.  404  ; 
Stimson  vs.  Alesaandro  Dist.,  135  Cal.  389; 
Leeman  vs.  Pcrria  Irr.  Dist.,  155  Cal.  215  ; 
Hooker  vs.  East  Riverside  Dist.,  27  Cal.  App.  Dec.  623  ; 
Stowell  vs.  Rialto  Irr.  Dist.,  155  Cal.  215. 
(See  Sec.  616,  infra.) 

Plans  and  estimate : 

Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503; 
Hughson  vs.  Crane,  115  Cal.  404; 
Hanson  vs.  Kittitas  Dist.  (Wash.).  134  Pac.  1083; 
Board  of  Directors  vs.  Scott  (W^ash.),  140  Pac.  391. 

Report  submitted  to  irrigation  district  bond  commission. 

Sec.  30a.  The  board  of  directors  shall  then  submit  a  copy  of  the 
said  estimate  and  the  said  engineer's  report  to  the  commission  authorized 


CALIFORNIA   IRRIGATION  DISTRICT   LAWS.  39 

by  law  to  approve  bonds  of  irrigation  districts  for  certification  as  legal 
investments  for  savings  banks  and  for  the  other  purposes  specified  in  the 
act  creating  said  commission.^  Said  commission  shall  forthwith  examine 
said  report  and  any  data  in  its  possession  or  in  the  possession  of  said 
district  and  shall  make  such  additional  surveys  and  examinations  at  the 
expense  of  the  district  as  it  may  deem  proper  or  practicable,  and  as  soon 
as  practicable  thereafter  shall  make  to  the  board  of  directors  of  said 
district  a  report  which  shall  contain  such  matters  as,  in  the  judgment 
of  the  said  commission,  may  be  desirable;  provided,  that  it  may  state 
generally  the  conclusions  of  said  commission  regarding  the  supply  of 
water  available  for  the  project,  the  nature  of  the  soil  proposed  to  be 
irrigated  as  to  its  fertility  and  susceptibility  to  irrigation,  the  probable 
amount  of  water  needed  for  its  irrigation  and  the  probable  need  of 
drainage,  the  cost  of  works,  water  rights  and  other  property  necessary 
for  a  complete  and  satisfactory  project,  the  proper  dates  of  maturity 
for  the  bonds  proposed  to  be  issued  and  whether  in  its  opinion  it  is 
advisable  to  proceed  with  the  proposed  bond  issue.  If  the  estimate  of 
tlie  amount  of  said  bond  issue  shall  have  included  any  amount  for  the 
payment  of  interest  on  the  bonds  of  such  issue,  as  provided  in  section 
thirty  of  this  act,  and  such  estimate  for  the  payment  of  interest,  or  any 
part  thereof,  is  approved  by  the  commission  in  said  report,  it  shall  be 
lawful  for  the  board  of  directors,  if  the  issuance  of  such  bonds  is  there- 
after authorized  by  vote  of  the  electors  of  the  district,  to  use  for  the 
payment  of  interest  on  any  bonds  of  such  issue  so  much  of  the  proceeds 
of  the  sale  of  said  bonds  as  may  have  been  approved  for  that  purpose 
in  said  report  of  the  commission.     (Stats.  1919,  p.  662.) 

Order  determining;  amount  of  bonds. 

Sec.  30&.  If  after  such  examination  and  investigation  the  said 
commission  shall  deem  it  advisable  that  the  said  plans  be  modified  or 
that  the  amount  of  the  bonds  proposed  to  be  issued  be  changed,  or  that 
certain  conditions  should  i)e  prescribed  to  insure  the  success  of  the 
I)roject,  or  that  in  its  opinion  it  is  not  advisable  to  proceed  with  the 
proposed  bond  issue,  it  shall  so  state  in  its  report  to  the  board  of 
directors.  After  receiving  said  report,  or  if  no  report  is  received  within 
ninety  days  after  the  submission  of  said  estimate  and  engineer's  report 
to  said  commission,  said  board  of  directors,  if  it  shall  determine  and 
shall  declare  by  resolution  that  the  proposed  plan  of  works  or  some 
modified  plan  recommended  by  said  commission  is  satisfactory  and  that 
the  said  project  or  said  modified"  plan  is  feasible,  shall  make  an  order 
detefmining  the  amount  of  bonds  that  should  be  issued  in  order  to  raise 
the  money  necessary  therefor;  and  provided,  further,  that  if  any  district 
shall  issue  bonds  to  carry  out  any  plans  approved  by  said  irrigation 
district  bond  conmiission  as  herein  provided  it  shall  be  unlawful  for  said 
district  to  make  any  material  change  in  said  plans  thereafter  without 
the  consent  of  said  commission.     (Stats.  1919,  p.  663.) 

Special  election. 

Sec.  30c.  After  the  making  of  the  order  specified  in  section  thirty  h 
of  this  act  said  board  of  directors  may  call  a  special  election,  at  which 

'See  page  168  hereof. 


40  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

shall  be  submitted  to  the  electors  of  such  district  possessing  the  quali- 
fications prescribed  by  this  act,  the  question  whether  or  not  the  bonds 
of  said  district  in  the  amount  determined  in  said  order  of  said  board 
shall  be  issued,  and  said  board  must  call  such  an  election  and  submit  said 
question  upon  receipt  of  a  petition  signed  by  a  majority  of  the  holders 
of  title  or  evidence  of  title  to  lands  within  the  district,  representing, 
also,  a  majority  in  value  of  said  lands,  or  by  at  least  five  hundred 
petitioners,  each  petitioner  to  the  number  of  at  least  five  hundred  to  be 
an  elector  residing  within  the  district  or  a  holder  of  title  or  evidence  of 
title  to  lands  therein,  provided  that  said  petitioners  shall  include  the 
holders  of  title  or  evidence  of  title  to  not  less  than  twenty  per  cent  in 
value  of  said  lands.  In  determining  the  value  of  any  lands  within  an 
irrigation  district  and  the  holders  of  title  or  evidence  of  title  to  such 
lands  for  the  purpose  of  determining  the  sufficiency  of  any  petition 
required  by  this  act  after  the  organization  of  the  district,  the  assessment 
roll  of  the  district  last  equalized  at  the  time  of  the  presentation  of  such 
petition  shall  be  conclusive  evidence,  but  if  no  assessment  roll  of  the 
district  has  theretofore  been  equalized,  then  the  county  assessment  roll 
of  the  county  within  which  any  lands  within  the  district  is  situated, 
which  county  assessment  roll  has  been  last  equalized  at  the  time  of  the 
presentation  of  such  petition,  shall  be  conclusive  evidence  of  such  facts 
for  such  land.     (Stats.  1919,  p.  664.) 

Who  may  sign  petition : 

Matter  of  Bonds  of  South  San  Joaquin  Irr.  District,  161  Cal.  345. 

EJlection  : 

Board  of  Directors  vs.  Abila,  106  Cal.  365. 

Notice  of  election. 

Sec.  30d.  Notice  of  such  election  must  be  given  by  posting  notices 
in  three  public  places  in  each  election  precinct  in  said  district  for  at 
least  twenty  days  and  also  by  publication  of  such  notice  in  some  news- 
paper published  in  the  county  where  the  office  of  the  board  of  directors 
of  such  district  is  required  to  be  kept,  once  a  week  for  at  least  three 
successive  weeks.  Such  notices  mast  specify  the  time  of  holding  the 
election,  the  amount  of  bonds  proposed  to  be  issued;  and  said  election 
must  be  held  and  the  result  thereof  determined  and  declared  in  all 
respects  as  nearly  as  practicable  in  conformity  with  the  provisions  of 
this  act  governing  the  election  of  officers;  provided,  that  no  informalities 
in  conducting  such  an  election  shall  invalidate  the  same  if  the  election 
shall  have  been  otherwise  fairly  conducted.     (Stats.  1917,  p.  762.) 

Questions  on  ballot;  two-thirds  vote. 

Sec.  30e.  At  said  election  questions  as  to  the  issuance  of  bonds  may 
be  submitted  separately  on  the  same  ballot  if  estimates  of  the  cost  of 
the  respective  projects  have  been  made  and  the  irrigation  district  bond 
commission  has  reported  thereon  and  the  respective  propositions  have 
been  stated  in  the  notices  of  the  election.  At  such  election  the  ballots 
.shall  contain  a  general  statement  of  the  proposition  or  propositions  to 
be  voted  on,  including  the  amount  of  bonds  propased  to  be  issued  for 
each  purpose,  but  no  informality  in  such  statement  shall  vitiate  the  elec- 
tion.    Each  proposition  shall  be  followed  by  the  words  "Yes"  and 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  41 

"No,"  on  separate  lines,  with  a  small  inclosed  space  after  each  of  said 
words.  The  electors  shall  vote  for  or  against  any  proposition  by  stamp- 
ing a  cross  (X)  in  the  voting  space  after  the  word  "Yes"  or  "No" 
respectively.  On  the  ballot  shall  be  printed  the  following  under  the 
heading  "Instructions  to  voters":  "To  vote  for  a  propasition,  stamp 
a  cross  (X)  in  the  voting  space  after  the  word  'Yes'  following  the 
proposition.  To  vote  against  a  proposition,  stamp  a  cross  (X)  in  the 
voting  space  after  the  word  'No'  following  the  proposition."  If  two- 
thirds  of  the  votes  cast  for  and  against  any  proposition  are  for  "Yes," 
the  board  of  directors  shall  cause  bonds  in  the  amount  specified  in 
such  proposition  to  be  issued ;  pi-ovidcd,  that  if  said  election  shall  have 
been  called  after  the  presentation  of  a  petition  therefor  as  provided  in 
section  thirty  c  of  this  act,  the  board  of  directors  shall  cause  bonds  in 
the  amount  specified  in  any  proposition  to  be  issued  if  a  majority  of  the 
votes  cast  for  and  against  said  proposition  are  for  "Yes."  If  the  num- 
ber of  votes  for  any  proposition  is  less  than  the  number  required  herein 
to  authorize  the  issuance  of  the  bonds  provided  for  therein,  the  result  of 
the  vote  on  said  proposition  shall  be  entered  of  record,  but  said  propo- 
sition may  be  again  submitted  to  the  electors  of  the  district  at  a  special 
election  upon  the  presentation  to  the  board  of  directors  of  a  petition 
therefor  signed  as  provided  in  section  thirty  c  of  this  act.  (Stats.  1919, 
p.  664.) 

Life  of  bonds;  interest;  denominations. 

Sec.  31.  Subject  to  the  provisions  of  this  act,  the  board  of  directors 
shall  prescribe  the  form  of  the  bonds  issued  by  the  district  and  of  the 
interest  coupons  to  be  attached  thereto.  An  issue  of  bonds  is  hereby 
defined  to  be  all  the  bonds  issued  in  accordance  with  a  proposal 
approved  by  the  electors  of  the  district.  Each  issue  of  the  bonds  of  a 
district  shall  be  numbered  consecutively  as  authorized,  and  the  bonds 
of  each  issue  shall  be  numbered  consecutively.  The  board  of  directors 
shall  fix  the  date  of  said  bonds,  or  may  divide  any  issue  into  two  or 
more  divisions  and  fix  different  dates  for  the  bonds  of  each  respective 
division.  The  date  of  any  bond  must  be  subsequent  to  the  election  at 
which  its  issuance  was  authorized  and  prior  to  its  delivery  to  a  pur- 
chaser from  the  district.  The  date  of  issue  of  any  bond  authorized 
under  this  act  or  heretofore  or  hereafter  issued  in  pursuance  of  this  act 
shall  be  deemed  to  be  the  apparent  date  of  tlie  said  bond  appearing  on 
the  face  thereof.  Each  bond  shall  be  signed  by  the  president  and  secre- 
tary of  the  board  of  directors  of  the  district,  who  may  be  in  office  at 
the  date  of  said  bond  or  at  any  time  thereafter  prior  to  the  delivery  of 
said  bond  to  the  purchaser  thereof  from  the  district,  and  the  seal  of  the 
district  shall  be  impressed  on  each  bond.  The  interest  coupons  shall 
also  bear  the  signature  of  the  secretary  of  the  board  of  directors  or  a 
facsimile  of  such  signature.  The  board  of  directors  .shall  fix  the  denonii- 
nations  of  said  bonds,  wliich  siiall  not  be  less  tluui  one  lunidred  dollars 
nor  more  than  one  thousand  dollars.  Said  bonds  shall  bear  interest  at 
a  rate  to  be  fixed  by  tiie  board  of  directors,  but  the  rate  shall  not 
exceed  six  per  centum  per  annum.  The  interest  shall  be  payable  on 
the  first  day  of  January  and  the  first  day  of  July  of  each  year.  The 
board  of  directors  shall  also  designate  the  place  or  places  at  which 


42  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

said  bonds  or  any  of  them  and  the  interest  thereon  shall  be  payable.^ 
Each  issue  or  each  division  of  any  issue  of  said  bonds  shall  be  payable 
in  gold  coin  of  the  United  States  in  twenty  series  as  follows,  to  wit: 
at  the  expiration  of  twenty-one  years  from  the  date  of  any  issue  or  any 
division  of  any  issue  of  said  bonds,  two  per  centum  of  the  whole  amount 
of  such  issue  or  division ;  at  the  expiration  of  twenty-two  years  from 
said  date,  two  per  centum  of  the  whole  amount  of  such  issue  or  division  ; 
at  the  expiration  of  twenty-three  years  from  said  date,  three  per  centum 
of  the  whole  amount  of  such  issue  or  division;  at  the  expiration  of 
twenty-four  years  from  said  date,  three  per  centum  of  the  whole 
amount  of  such  issue  or  division ;  at  the  expiration  of  twenty-five  years 
from  said  date,  four  per  centum  of  the  whole  amount  of  such  issue  or 
division  ,•  at  the  expiration  of  twenty-six  years  from  said  date,  four  per 
centum  of  the  whole  amount  of  such  issue  or  division ;  at  the  expiration 
of  twenty-seven  years  from  said  date,  four  per  centum  of  the  whole 
amount  of  such  issue  or  division;  at  the  expiration  of  twenty-eight 
years  from  said  date,  four  per  centum  of  the  whole  amount  of  such 
issue  or  division ;  at  the  expiration  of  twenty-nine  years  from  said  date, 
five  per  centum  of  the  whole  amount  of  such  issue  or  division ;  at  the 
expiration  of  thirty  years  from  said  date,  five  per  centum  of  the  whole 
amount  of  such  issue  or  division ;  at  the  expiration  of  thirty-one  years 
from  said  date,  five  per  centum  of  the  whole  amount  of  such  issue  or 
division ;  at  the  expiration  of  thirty-two  years  from  said  date,  five  per 
centum  of  the  whole  amount  of  such  issue  or  division ;  at  the  expiration 
of  thirty-three  years  from  said  date,  six  per  centum  of  the  whole  amount 
of  such  issue  or  division;  at  the  expiration  of  thirty-four  years  from 
said  date,  six  per  centum  of  the  whole  amount  of  such  issue  or  division ; 
at  the  expiration  of  thirty-five  years  from  said  date,  six  per  centum  of 
the  whole  amount  of  such  issue  or  division ;  at  the  expiration  of  thirty- 
six  years  from  said  date,  six  per  centum  of  the  whole  amount  of  such 
issue  or  division ;  at  the  expiration  of  thirty-seven  years  from  said  date, 
seven  per  centum  of  the  whole  amount  of  such  issue  or  division ;  at  the 
expiration  of  thirty-eight  years  from  said  date,  seven  per  centum  of  the 
whole  amount  of  such  issue  or  division ;  at  the  expiration  of  thirty -nine 
years  from  said  date,  eight  per  centum  of  the  whole  amount  of  such, 
issue  or  division ;  at  the  expiration  of  forty  years  from  said  date,  eight 
per  centum  of  the  whole  amount  of  such  issue  or  division;  provided, 
that  if  any  bonds  are  not  dated  on  the  first  day  of  January  or  the  first 
day  of  July,  they  shall  nevertheless  be  made  payable  on  the  first  day  of 
January  or  the  first  day  of  July  next  preceding  the  date  on  which  they 
would  become  payable  according  to  the  foregoing  schedule.  Bonds  of 
any  issue  may  be  made  payable  at  the  ends  of  other  periods  than  are 
specified  herein  and  the  number  of  series  may  be  more  or  less  than 
twenty  if  the  number  of  series  and  the  length  of  the  respective  periods 
at  the  ends  of  which  the  respective  amounts  of  bonds  shall  be  made 
payable  have  been  specified  in  the  notice  of  the  election  at  which  the 
issuance  of  such  bonds  was  authorized,  or  on  the  recommendation  of  the 
irrigation  district  bond  commission,  but  in  any  event  the  bonds  shall  all 
be  made  payable  on  the  first  day  of  January  or  the  first  day  of  July 
next  preceding  the  ends  of  the  respective  periods  specified,  unless  said 

^Art.    XI,    Sec.    13 J,    of    the    Constitution,    authorizes    the    payment    of    bonds    and 
Interest  In  any  place  within  or  outside  of  the  United  States.    See  page  12  hereof. 


CALIFORNIA  IRRIGATION   DISTRICT  LAWS.  43 

bonds  are  dated  on  tlie  first  day  of  January  or  the  first  day  of  July, 
and  in  no  ease  shall  the  maturity  of  any  bond  be  more  than  forty  years 
from  the  date  thereof,  nor  shall  more  than  eight  per  centum  of  the 
total  amount  of  any  issue  or  division  be  made  payable  in  any  one  year 
if  the  number  of  series  is  made  more  than  twenty.  Each  bond  shall 
be  made  payable  at  a  given  time  for  its  full  face  value  and  not  for  a 
percentage  thereof.     (Stats.  1919,  p.  665.) 

Date  of  maturity  of  bonds  and  time  of  payment  of  interest : 
Stowell  vs.  Rialto  Irr.  Dist.,  155  Cal.  215  ; 
Board  of  Directors  vs.  Peterson  (Ore.),  128  Pac.  837. 

Date  of  Lssue,  signature  of  .secretary,  etc. : 

Wright  vs.  East  Riverside  District,  138  Fed.  313; 
Hooker  vs.  East  Riverside  District,  27  Cal.  App.  Dec.  623. 

Validity  of  bonds  in  hands  of  bona  flde  holders: 

Stimaon  vs.  Alcssandro  Dist.,  135  Cal.  389  ; 
Baxter  vs.  Vineland  Dist.,  136  Cal.  185  ; 
Haese  vs.  Heitzcg,  159  Cal.  659  ; 
Ham  vs.  Grapeland  Dist.,  172  Cal.  611. 

Sale  of  bonds. 

Sec  32.  The  board  may  sell  said  bonds  from  time  to  time  in  such 
quantities  as  may  be  necessary  and  most  advantageous  to  raise  money 
for  the  construction  of  said  canals  and  works,  the  acquisition  of  said 
property  and  rights,  or  the  acquisition  of  any  water  or  water  rights, 
and  otherwise  to  fully  carry  out  the  objects  and  purposes  of  this  act. 
Before  making  any  sale  the  board  shall,  at  a  meeting,  by  resolution, 
declare  its  intention  to  sell  a  specified  amount  of  the  bonds,  and  the  day 
and  hour  and  place  of  such  sale,  and  shall  cause  such  resolution  to  be 
entered  in  the  minutes,  and  notice  of  the  sale  to  be  given,  by  publica- 
tion thereof  at  least  three  weeks  in  some  newspaper  published  in  the 
county  where  the  office  of  the  board  of  directors  is  located  and  in  any 
other  newspaper  at  its  discretion.  The  notice  shall  state  that  sealed 
proposals  will  be  received  by  the  board  at  their  office,  for  the  purchase 
of  bonds,  till  the  day  and  hour  named  in  the  resolution.  At  the  time 
appointed  the  board  shall  open  the  proposals  and  award  the  purchase 
of  the  bonds  or  any  portion  or  portions  thereof  to  the  highest  responsible 
bidder  or  bidders;  provided,  Jiowevc}',  that  they  may  reject  any  or  all 
bids.     (Stats.  1913,  p.  1000.) 

Kinkade  vs.  Witheroj)   (Wash.),  69  Fac.  399; 
Wyman  vs.  Searle  (Nebr.),  128  N.  W.  801. 

Sec.  32a.     (Repealed  by  Stats.  1919,  p.  667.) 

Election  on  sale  of  bonds  for  less  than  par. 

Sec  32J.  If  any  irrigation  di.strict  bonds  have  been  authorized 
before  the  time  when  this  section  shall  go  into  effect  but  have  not 
been  sold  and  the  board  of  directors  of  .said  district  deems  it  desirable 
that  said  board  be  authorized  to  sell  .said  bonds  for  less  than  the  par 
value  thereof,  said  board  may  call  a  special  election  to  submit  to  the 
voters  of  the  district  said  proposition.  Such  election  shall  be  held  and 
notice  thereof  shall  be  given  in  the  same  manner  as  is  provided  in  the 
case  of  special  elections  to  authorize  the  issuance  of  bonds  in  irrigation 
districts.  The  proposition  shall  be  stated  in  substantially  the  follow- 
ing form:  "Shall  the  board  of  directors  of (insert  the  name) 


44  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

irrigation  district  be  authorized  to  sell  bonds  of  the  district  for  less 
than  the  par  value  thereof?"  followed  by  the  words  "Yes"  and  "No." 
as  provided  in  section  thirty  hereof.  If  at  least  two-thirds  of  the  legal 
votes  east  at  such  election  are  for  "Yes,"  then  the  board  of  directors 
may  sell  any  bonds  authorized  by  said  district  before  this  section  shall 
take  effect  to  the  highest  responsible  bidder.     (Stats.  1913,  p.  1000.) 

Paid  by  annual  assessment. 

Sec.  33.  Said  bonds  and  the  interest  thereon  .shall  be  paid  from 
revenue  derived  from  an  annual  assessment  upon  the  land  within  the 
district;  and  all  the  land  within  the  district  shall  be  and  remain  liable 
to  be  assessed  for  such  payments  as  hereinafter  provided.  (Stats.  1917, 
p.  764.) 

Procedure  for  enforcement  of  lien : 

Nevada  National  Bank  vs.  Poso  Irr.  Dist.,  140  Cal.  344  ; 

Boskowits  vs.  Thompson,  144  Cal.  724  ; 

Herring  vs.  Modesto  District,  95  Fed.  705  ; 

Perkins  vs.  People  (Colo.),  147  Pac.  356; 

Henrylyn  Irr.  Dist.  vs.  Thomas  (Colo.),  173  Pac.  541; 

Henrylyn  Irr.  Diat.  vs.  Thomas  (Colo.),  181  Pac.  979,  980; 

Rialto  Irr.  Dist.  vs.  Stowell,  246  Fed.  294  ; 

Norris  vs.  Montezuma  Irr.  Dist.,  248  Fed.  369. 

Gas  Secjtrities  Co.  vs.  Antero  and  Lost  Park  Reservoir  Co.,  259  Fed.  423. 

ASSESSMENT  FOR  COMPLETION  OF  WORKS. 
Assessments  to  complete  works;  notice  of  election;  ballots. 

Sec.  34.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be 
insufficient,  or  in  case  the  bonds  be  unavailable  for  the  completion  of 
the  plan  of  canal  and  works  adopted,  and  the  acquisition  of  the  neces- 
sary property,  waters  and  water  rights  therefor,  and  additional  bonds 
be  not  voted,  it  shall  be  the  duty  of  the  board  of  directors  to  provide 
for  the  completion  of  said  plan,  and  the  acquisition  of  such  necessary 
property,  waters  and  water  rights,  by  levy  of  a^csvsments  therefor; 
provided,  however,  that  such  levy  of  a,ssessments  shall  not  be  made 
except  first  an  estimate  of  the  amount  required  for  such  purposes  h?is 
been  made  by  said  board,  and  the  quastion  as  to  the  making  of  said 
levy  submitted  to  a  vote  of  the  electors  of  the  district.  Before  such 
question  is  submitted  the  order  of  submission  shall  Ikj  entered  in  the 
minutes  of  the  board,  stating  the  amount  to  be  levied  and  the  purpose 
therefor,  and  if  submitted  at  a  special  election  said  order  shall,  in 
addition,  fix  the  day  of  election.  Notice  of  such  election  must  be  given 
by  posting  notices  in  three  public  places  in  each  election  precinct  in 
said  district  for  at  least  twenty  days,  and  also  by  publication  of  such 
notice  in  some  newspaper  published  in  the  county  where  the  office  of  the 
board  of  directors  of  such  district  is  required  to  be  kept  once  a  week 
for  at  least  three  successive  weeks.  Such  notices  must  specify  the 
time  of  holding  the  election,  and  the  amount  of  assessment  proposed  to 
be  levied.  Said  election  must  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with 
the  provisions  of  this  act  governing  the  election  of  ^officers;  provided, 
that  no  informalities  in  conducting  such  an  election  shall  invalidate 
the  same,  if  the  election  shall  have  been  otherwise  fairly  conducted. 
At  such  election  the  ballots  shall  contain  the  words  "Assessment — Y&s", 
or  "  Assessment— No ",  or  words  equivalent  thereto.     If  a  majority  of 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  45 

the  votes  cast  are  "Assessment — Yes",  the  board  of  directors  shall 
cause  an  assessment  in  the  amount  named  in  the  order  of  submission 
to  be  levied;  if  a  majority  of  the  votes  cast  are  "Assessment — No",  the 
result  of  such  election  shall  be  so  declared  and  entered  of  record. 
(Stats.  1911,  p.  514.) 

Cooper  vs.  Miller,  113  Cal.  238; 

Matter  of  Bonds  of  South  San  Joaquin  Dist.,  161  Cal.  345  ; 
Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  668  ; 
Corso7i  vs.  Crocker,  31  Cal.  App.  626. 

•■  DUTIES  OF  THE  ASSESSOR. 

Duty  of  assessor;  improvements  exempt. 

Sec.  35.  The  asse.s.sor  must,  between  the  first  ^Monday  in  March  and 
the  first  Monday  in  June,  in  each  year,  assess  all  real  estate  in  the  dis- 
trict, to  the  persons  who  own,  claim  or  have  possession  or  control 
thereof,  at  its  full  cash  value,  as  follows:  He  must  prepare  an  assess- 
ment book^  with  appropriate  headings,  in  which  must  be  listed  all  such 
property  within  the  district,  in  which  must  be  specified,  in  separate 
columns,  under  the  appropriate  head:  (1)  the  name  of  the  person  to 
whom  the  property  is  assessed,  if  the  name  is  not  known  to  the  assessor, 
the  property  shall  be  assessed  to  "unknown  owners";  (2)  land  by 
township,  range,  section  or  fractional  section,  and  when  such  land  is 
not  congressional  divi.sion  or  subdivision,  by  metes  and  bounds,  or  other 
description  sufficient  to  identify  it,  giving  an  estimate  of  the  number 
of  acres  and  locality;  (3)  city  and  town  lots,  naming  the  city  or  town 
and  the  number  and  block,  according  to  the  system  of  numbering  in 
such  city  or  town;  (4)  the  cash  value  of  real  estate,  other  than  city  or 
town  lots;  (5)  the  cash  value  of  city  and  town  lots;  (6)  the  total  value 
of  all  property  assessed;  (7)  the  total  value  of  all  property  after 
equalization  by  the  board  of  directors;  (8)  such  other  things  as  the 
board  of  directors  may  require.  Improvements  on  any  lands  or  town 
lots  within  such  districts  shall  be  exempt  from  taxation  for  any  of  the 
purposes  mentioned  in  this  act.  Any  property  Avhich  may  have  escaped 
the  payment  of  any  assessment  for  any  year,  shall,  in  addition  to  the 
assessment  for  the  then  current  year,  be  assessed  for  such  year  with  the 
same  effect  and  with  the  same  penalties  as  are  provided  for  in  such 
current  year.  The  term  improvements  as  used  in  this  section  includes 
trees,  vines,  alfalfa  and  all  growing  crops  and  all  buildings  and  struc- 
tures of  whatever  class  or  description  erected  or  being  erected  upon 
said  lands  or  city  or  town  lots.     (Stats.  1917,  p.  764.) 

Cooper  vs.  Miller,  113  Cal.  238; 

Escondido  H.  S.  Dist.  vs.  Escondido  Seminary,  130  Cal.  128; 

Best  vs.  Wohlford,  144  Cal.  733  ; 

Best  V.S.  Wohlford,  153  Cal.  17  ; 

Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  668  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626  ; 

Bruschi  vs.  Cooper,  30  Cal.  App.  682. 

Assessor's  deputies. 

Sec  36.  The  board  of  directors  must  allow  the  assessor  as  many 
deputies,  to  be  appointed  by  him,  as  will,  in  the  judgment  of  the  board, 
enable  him  to  complete  the  assessment  within  the  time  herein  prescribed. 

'Pol.  C,  Sec.  3653,  provides  that,  upon  written  request,  the  county  assessor  must 
furnish  the  district  wfith  a  certified  copy  of  the  assessment  book,  so  far  as  it  pertains 
to  property  within  the  district. 


46  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

The  board  must  fix  the  eoiupensation  of  such  deputies,  which  shall  be 
paid  out  of  the  treasury  of  the  district.  The  compensation  must  not 
exceed  five  dollars  per  day  for  each  deputy,  for  the  time  actually 
engaged,  nor  must  any  allowance  be  made  but  for  work  done  between  the 
first  Monday  in  March  and  the  first  Monday  in  August  in  each  year. 

Time  for  completion  of  assessment  book;  time  for  equalizing  assessments. 

Sec.  37.  On  or  before  the  first  Monday  in  August  in  each  year,  the 
assessor  must  complete  his  assessment  book,  and  deliver  it  to  the  secre- 
tary of  the  board,  who  must  immediately  give  notice  thereof  and  of  the 
time  the  board  of  directors,  acting  as  a  board  of  equalization,  will  meet 
to  equalize  asses-sments,  by  publication  in  a  newspaper  published  in  each 
of  the  counties  comprising  the  district.  The  time  fixed  for  the  meeting 
shall  not  be  less  than  twenty  nor  more  than  thirty  days  from  the  first 
publication  of  the  notice;  and  in  the  meantime  the  assessment  book 
must  remain  in  the  office  of  the  secretary  for  the  inspection  of  all 
persons  interested. 

Lahman  vs.  Hatch,  124  Cal.  1. 

EQUALIZATION  OF  ASSESSMENT. 
Hearings  on  objections  to  assessments. 

Sec.  38.  Upon  the  day  specified  in  the  notice  required  by  the  pre- 
ceding section  for  the  meeting,  the  board  of  directors,  which  is  hereby 
constituted  a  board  of  equalization  for  that  purpose,  shall  meet  and 
continue  in  session  from  time  to  time,  as  long  as  may  be  necessary,  not 
to  exceed  ten  days,  exclusive  of  Sundays,  to  hear  and  determine  such 
objections  to  the  valuation  and  assessment  as  may  come  before  them; 
and  the  board  may  change  the  valuation  as  may  be  just.  The  secretary 
of  the  board  shall  be  present  during  its  sessions,  and  note  all  changes 
made  in  the  valuation  of  property,  and  in  the  names  of  the  persons 
whose  property  is  assessed;  and  within  ten  days  after  the  close  of  the 
session  he  shall  have  the  total  values,  as  finally  equalized  by  the  board, 
extended  into  columns  and  added. 

Lahman  vs.  Hatch,  124  Cal.  1. 

Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  668. 

LEVY  OF  AND  COLLECTION  OF  TAXES. 
Assessment  for  interest,  principal,  rentals,  etc. 

Sec.  39.  The  board  of  directors  shall  then,  within  fifteen  days  after 
the  close  of  its  session  as  a  board  of  equalization,  levy  an  assessment 
upon  the  lands  within  the  district  in  an  amount  sufficient  to  raise  the 
interest  due  or  that  will  become  due  on  all  outstanding  bonds  of  the 
district  on  the  first  day  of  the  next  ensuing  January  and  the  first  day 
of  the  next  ensuing  July,  or  that  the  board  of  directors  believes  will 
become  due  on  either  or  both  of  said  dates,  on  bonds  authorized  but  not 
sold;  also  sufficient  to  pay  the  principal  of  all  bonds  of  the  district 
that  have  matured  or  that  will  mature  before  the  close  of  the  next 
ensuing  calendar  year;  also  sufficient  to  pay  in  full  all  sums  due  or  that 
will  become  due  from  the  district  before  the  time  for  levying  the  next 
annual  assessment,  on  account  of  rentals,  or  charges  for  lands,  water 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  47 

or  water  rights  acquired  by  said  district  under  lease  or  contract;  also 
sufficient  to  pay  in  full  all  sums  due  or  that  will  become  due  from  the 
district,  before  the  time  for  levying  the  next  annual  assessment,  on 
account  of  contracts  entered  into  by  the  district  for  power  or  fuel  used 
or  to  be  used  for  the  pumping  of  water  for  the  irrigation  of  land 
within  the  district ;  provided,  the  payment  of  the  cost  of  such  power  or 
fuel  has  not  been  provided  for  by  the  levying  of  tolls  or  charges  for  the 
use  of  water  or  otherwise;  also  sufficient  to  pay  in  full  the  amount  of 
all  unpaid  warrants  of  the  district  issued  in  accordance  with  this  act 
and  the  amount  of  any  other  contracts  or  obligation  of  the  district 
which  shall  have  been  reduced  to  judgment;  also  sufficient  to  raise  such 
amount  not  exceeding  two  per  centum  of  the  aggregate  value  of  the 
lands  within  the  district  according  to  the  latest  duly  equalized  assess- 
ment roll  thereof,  as  the  board  of  directors  shall  determine  may  be 
needed  to  be  raised  by  assessment  for  any  of  the  purposes  of  this  act, 
(Stats.  1919,  p.  472.) 

Cooper  vs.  Miller,  113  Cal.  238; 

Hughson  vs.  Crane,  115  Cal.  404  ; 

Lahman  vs.  Hatch,  124  Cal.  1 ; 

Eacondido  H.  8.  Dist.  vs.  Escondido  Seminary,  130  Cal.  128  ; 

Baxter  vs.  Vineland  Irr.  Dist.,  136  Cal.  185  ; 

Nevada  National  Bank  vs.  Peso  Dist.,  149  Cal.  662  ; 

Matter  of  Bonds  of  South  San  Joaquin  Dist.,  161  Cal.  345  ; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660; 

Hewel  vs.  Hogan,  3  Cal.  App.  248; 

Nevada  National  Bank  vs.  Supervisors,  5  Cal.  App.  638  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626  ; 

Board  of  Supervisors  vs.  Thompson,  122  Fed.  860  ; 

Eberhard  vs.  Canon  (Colo.).  157  Pac.  189; 

Rio  Grande,  etc.,  Co.  vs.  Orchard  Mesa  District  (Colo.),  171  Pac.  367. 

"Outstanding  bonds"  defined. 

Board  of  Directors  vs.  Tregea,  88  Cal.  334,  356. 

Duty  of  secretary. 

Sec.  39a.  The  secretary  of  the  board  niu.st  compute  and  enter  in  a 
separate  column  of  the  a&sessment  book  the  respective  sums  in  dollars 
and  cents  to  be  paid  as  an  assessment  on  the  property  therein  enumer- 
ated. When  collected,  the  assessment  shall  be  paid  into  the  district 
treasury  and  be  apportioned  to  the  several  proper  funds.  (Stats.  1917, 
p.  765.) 

McDonough  vs.  Cooper,  56  Cal.  Dec.  529,  177  Pac.  153. 

Neglect  to  make  assessment. 

Sec  396.  If  as  the  result  of  the  neglect  or  refu.sal  of  the  board  of 
directors  to  cause  such  assessment  and  levies  to  be  made  as  in  this  act 
provided,  then  the  duly  equalized  assessment  made  by  the  county 
assassor  of  the  county  or  each  of  the  respective  counties  in  which  the 
district  is  situated  shall  be  the  basis  of  assessment  for  the  district,  and 
the  board  of  supervisors  of  the  county  in  which  the  office  of  the  board 
of  directors  of  said  di.strict  is  situated  shall  cause  an  assessment  roll  of 
said  district  to  be  prepared,  and  shall  make  tlie  levy  required  by  this 
act,  in  the  same  manner  and  with  like  effect  as  if  the  same  had  been 
made  by  said  board  of  directors  and  all  expensas  incident  thereto  .shall 
be  borne  by  such  district  and  may  be  collected  by  suit  at  law,  which 
shall  be  commenced  by  the  di.strict  attorney  of  the  county  whose  board 
of  supervisors  caused  said  assessment  roll  to  be  prepared,  unless  the 
amount  of  such  expenses  shall  be  paid  within  sixty  days  from  the  time 

4—48601  ' 


48  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

when  proper  demand  shall  have  been  made  therefor.  In  ease  of  the 
neglect  or  refusal  of  the  collector  or  troa.surer  of  any  irrigation  district 
to  perform  the  duties  imposed  by  law,  then  the  tax  collector  and  the 
treasurer  of  the  county  in  which  the  office  of  the  board  of  directors  of 
such  district  is  situated  must  respectively  perform  such  duties  and  shall 
be  accountable  therefor  upon  their  official  bonds ;  but,  in  case  any 
county  tax  collector  shall  collect  any  assessment  for  any  irrigation 
district,  he  shall  pay  the  same  to  the  county  treasurer,  who  shall  place 
such  money  in  special  fund  to  the  credit  of  th€  district  and  shall  dis- 
burse the  same  to  the  proper  persons  for  the  purposes  for  which  such 
assessments  have  been  levied  and  shall  not  pay  any  part  thereof  to  the 
treasurer  of  said  district  until  said  county  treasurer  shall  be  satisfied 
that  all  of  the  valid  obligations  for  which  such  assessments  were  levied 
and  for  which  payment  has  been  demanded  have  been  paid.  (Stats. 
1917,  p.  765.) 

Duty  of  district  attorney. 

Sec.  39c.  It  .shall  be  the  duty  of  the  district  attorney  of  each  county 
in  which  the  office  of  any  irrigation  district  is  located  to  ascertain  each 
year  whether  the  duties  relating  to  the  levying  and  collection  of  assess- 
ments, as  in  this  act  provided,  have  been  performed,  and  if  he  shall 
learn  that  the  board  of  directors  or  any  official  of  any  such  irrigation 
district  has  neglected  or  refused  to  perform  any  such  duty,  said  district 
attorney  shall  so  notify  the  board  of  supervisors  or  the  county  official 
required  by  this  act  to  perform  such  duty  in  such  case,  and,  unless 
such  board  of  supervisors  or  such  county  official  shall  proceed  to  the 
performance  of  such  duty  within  thirty  days  after  the  receipt  of  such 
notice  the  district  attorney  shall  take  such  action  in  court  as  may  be 
necessary  to  compel  the  performance  of  such  duty,  and  said  district 
attorney  shall  give  such  notice  to  other  officials,  and  shall  take  such 
action,  as  may  be  necessary  to  secure  the  performance  in  their  proper 
sequence  of  the  other  duties  relating  to  the  levying  and  collection  of 
assessments,  as  in  this  act  provided,  that  for  the  enforcement  of  the 
levying  and  collection  of  any  assessment  hereafter  required  to  be  levied 
and  collected  for  the  payment  of  any  debt  hereafter  incurred,  in  case 
complaint  shall  be  made  to  the  attorney  general  of  the  State  of  Cali- 
fornia that  the  district  attorney  of  any  county  has  not  performed  any 
duty  devolving  upon  him  by  the  provisions  of  this  section,  or  that  he  is 
not  proceeding  with  due  diligence  or  in  the  proper  manner  in  the 
performance  of ^  any  such  duty,  the  attorney  general  shall  make  an 
investigation,  and  if  it  shall  be  found  that  such  charge  or  charges  are 
true,  said  attorney  general  shall  take  such  measures  as  may  be  necessary 
to  enforce  the  performance  of  the  duties  relating  to  the  levying  and 
collection  of  assessments,  as  in  this  act  provided.     (Stats.  1917,  p.  766.) 

Extension  of  time. 

Sec.  39(1.  If  as  the  result  of  the  neglect  or  refusal  of  any  official  or 
officials  to  perform  any  duty  relating  to  the  levying  and  collection  of 
assessments,  as  in  this  act  provided,  it  shall  be  impossible  for  such  duty 
to  be  performed  within  the  time  required  and  such  duty  shall  subse- 
quently be  performed,  then  the  time  within  which  all  duties  consequent 


'  CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  49 

upon  the  performance  of  such  duty  sliall  be  performed  shall  be  extended 
so  as  to  allow  the  clapsin'g  of  the  intervals  required  l)y  this  act  to  elapse 
between  the  performance  of  such  duties,  and  the  assessments  herein 
provided  for  shall  not  become  delinquent  for  at  least  thirty  days  after 
the  first  publication  of  the  notice  that  such  assessments  are  due  and 
payabl^  as  provided  in  section  forty-one  of  this  act.  (Stats.  1917, 
p.  767.) 

Assessment  of  land  omitted. 

Sec.  39c.  In  the  event  any  land  within  stiid  district  subject  to  assess- 
ment for  the  purpases  of  the  district  has  not  been  assessed  by  the  county 
fiss&ssor  or  does  not  appear  upon, the  county  assessment  roll  adopted  by 
said  board  of  supervisors  as  the  basis  of  assessment  for  the  district,  the 
land  so  omitted  belonging  to  any  person,  association,  corporation,  or 
municipality  shall  be  forthwith  assessed  by  the  county  assessor  upon 
an  order  of  the  board  of  supervisors  and  a  description  of  the  property 
so  omitted  shall  be  written  in  the  roll  prepared  for  the  purpose  of 
district  assessments.  In  such  case,  before  any  assessment  is  levied,  the 
board  of  supervisors  must  meet  and  equalize  said  assessment  with  that 
of  the  assessment  of  other  lands  in  said  district.  The  same  notice  shall 
be  given  by  the  board  of  supervisors  of  such  meeting  for  the  purpose 
of  equalizing  the  assessment  to  be  made  as  herein  directed  as  is  provided 
in  this  act  to  be  given  by  the  board  of  directors  of  an  irrigation  district 
when  the  said  board  is  to  meet  for  the  purpose  of  equalizing  assess- 
ments. All  the  powers  and  duties  respecting  the  collection  of  all 
assessment  on  possession  of,  claim  to,  or  right  to  the  possession  of  land 
now  provided  in  sections  three  thousand  eight  hundred  twenty,  three 
thousand  eight  hundred  twenty-one,  three  thousand  eight  hundred 
twenty-two,  three  thousand  eight  hundred  twenty-three,  three  thou- 
sand eight  hundred  twenty-four,  three  thousand  eight  hundred  twenty- 
five  and  three  thousand  eight  hundred  twenty-nine  of  the  Political 
Code,  as  regards  county  assessors  shall  apply,  so  far  as  applicable  to 
irrigation  district  assessors.     (Stats.  1917,  p.  767.) 

Unpaid  tolls  part  of  assessment. 

Sec.  39/.  Whenever  any  tolls  and  charges  for  the  u.se  of  water  have 
been  fixed  by  the  board  of  directors,  it  shall  be  lawful  to  make  the  same 
payable  in  advance,  and  in  case  any  such  tolls  or  charges  remain  unpaid 
at  the  time  hereinbefore  specified  for  levying  the  annual  assessment  the 
amount  due  for  such  tolls  and  charges  may  be  added  to  and  become  a 
part  of  the  assessment  levied  upon  the  land  upon  which  the  water  for 
which  such  tolls  or  charges  are  unpaid  was  used.     (Stats.  1917,  p.  768.) 

Assessment  becomes  a  lien,  when. 

Sec.  40.  The  {Vvsessment  upon  land  is  a  lien  against  the  property 
assessed  from  and  after  the  first  Monday  in  IMarch  for  any  year. 
(Stats.  1917,  p.  768.) 

Notice  that  assessments  are  due;  when  delinquent. 

Sec.  41.  On  or  before  the  first  day  of  November,  the  secretary  must 
deliver  the  assessment  book  to  the  collector  of  the  district,  who  shall 


50  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

within  twenty  days  publish  a  notice  in  a  newspaper  published  in  each 
county  in  which  any  portion  of  the  district  may  lie,  that  said  assessments 
are  due  and  payable  and  will  become  delinquent  at  six  o'clock  p.m.  on 
the  last  Monday  of  December  next  thereafter/  and  that  unless  paid 
prior  thereto  ten  per  cent  will  be  added  to  the  amount  thereof,  and  also 
the  time  and  place  at  which  paj^ment  of  assessments  may  be  made, 
which  notice  shall  be  published  for  the  period  of  two  weeks.  The  col- 
lector must  attend  at  the  time  and  place  specified  in  the  notice  to 
receive  assessments,  which  must  be  paid  in  gold  and  silver  coin ;  he 
must  mark  the  date  of  payment  of  any  assessment  in  the  assessment 
book,  opposite  the  name  of  the  person  paying  and  give  a  receipt  to  such 
person,  specifying  the  amount  of  the  assessment  and  the  amount  paid, 
with  the  description  of  the  property  assessed.  On  the  last  Monday  in 
December  at  six  o'clock  p.m.  of  each  year,^  all  unpaid  assessments  are 
delinquent  and  thereafter  the  collector  must  collect  thereon,  for  the 
use  of  the  district,  an  addition  of  ten  per  cent.     (Stats.  1913,  p.  1002.) 

San  Diego  vs.  Linda  Vista  Dist.,  108  Cal.  189  ; 

Perry  vs.  Otay  Irr.  Dist.,  127  Cal.  565  ; 

Bruschi  vs.  Cooper,  30  Cal.  App.  682  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626  ; 

Holland  vs.  Avondale  Dist.  (Idaho),  166  Pac.  259. 

Suit  against  delinquent,  to  collect  assessment. 

Sec.  41a.  The  board  of  directors  may  at  any  time  after  any  assess- 
ment has  become  delinquent  direct  the  collector  not  to  proceed  with  the 
sale  of  any  property  on  the  delinquent  list,  but  to  bring  suit  against 
the  delinquent  in  the  proper  court  in  the  name  of  the  district  to  enforce 
such  collection.  The  provisions  of  the  Code  of  Civil  Procedure  relat- 
ing to  pleadings,  proofs,  trials  and  pleas  are  hereby  made  applicable 
to  the  proceedings  herein  provided  for,  and  in  such  suit  the  district 
may  recover  the  amount  of  said  assessments  together  with  the  penalties 
and  interests,  provided  in  this  act,  and  costs  of  suit,  (Stats.  1915, 
p.  1368.) 

Irrigation  district  assessment  is  an  assessment  for  benefits. 
San  Diego  vs.  Linda  Vista  Irr.  Dist.,  108  Cal.  189. 

As  to  enforcement  of  collection  by  suit  against  delinquent,  see 
Atchison  T.  d  8.  F.  Ry.  Co.  vs.  Reclamation  Dist.,  173  Cal.  91. 

PUBLICATION  OF  DELINQUENT  NOTICE. 
Delinquent  list;  day  of  sale. 

Sec.  42.  On  or  before  the  first  day  of  February,  the  collector  must 
publish  the  delinquent  list,-  which  must  contain  the  names  of  the  persons 
and  a  description  of  the  property  delinquent,  and  the  amount  of  the 
assessments  and  costs  due  opposite  each  name  and  description.  He 
must  append  to  and  publish  with  the  delinquent  list  a  notice,  that  unless 
the  assessments  delinquent,  together  with  costs  and  percentage,  are 
paid,  the  real  property  upon  which  such  assessments  are  a  lien  will  be 

'If  provision  has  been  made  for  the  payment  of  assessments  in  two  installments, 
one-half  becomes  delinquent  at  the  above  time  and  one-half  at  6  p.m.  on  the  last 
Monday  of  June  next  thereafter.  See  section  4  of  the  act  of  1909  permitting  payment 
of  assessments  in  two  installments,  page  78  hereof. 

=If  provision  has  been  made  for  the  payment  of  assessments  in  two  installments, 
publication  of  the  delinquent  list  shall  not  be  made  before  tlie  first  day  of  July,  but 
must  be  made  on  or»before  the  first  day  of  August.  See  section  5  of  the  act  of  1909 
permitting  the  payment  of  assessments  in  two  installments,  page  78  hereof. 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  51 

sold  at  public  auction.  The  publication  must  be  made  once  a  week 
for  three  successive  weeks,  in  a  newspaper,  published  in  the  county  in 
which  the  property  delinquent  is  situated;  provided,  that  if  any 
property  assesvsed  to  the  same  person  or  corporation  shall  lie  in  more  than 
one  county,  then  such  publication  may  be  made  in  any  county  in  which 
any  portion  of  such  propertj^  may  lie.  The  publication  must  desi^ate 
the  time  and  place  of  sale.  The  time  of  sale  must  not  be  less  than 
twenty-one  nor  more  than  twenty-eight  days  from  the  first  publication, 
and  the  place  must  be  at  some  point  designated  by  the  collector,  within 
the  district ;  provided,  however,  that  if  there  should  occur  any  error  in 
the  publication  of  the  sale  of  the  delinquent  property,  which  might 
invalidate  a  sale  made  thereunder,  and  such  error  is  discovered  prior 
to  sale  thereunder  the  collector  shall  at  once  republish  the  sale  of  the 
property  affected  by  such  error,  making  such  republication  conform  to 
the  provisions  of  this  law,  and  the  time  of  sale  designated  in  such  repub- 
lication must  not  be  less  than  twenty-one  nor  more  than  twenty-eight 
days  from  the  first  republication ;  and  the  place  of  sale  must  be  at  some 
I>oint  dasignated  by  the  collector  within  the  district,  and  stated  in  such 
republication. 

Best  vs.  Wohlford,  153  Cal.  17  ; 

Bruschi  vs.  Cooper,  30  Cal.  App.  682-96. 

SALE  FOR  DELINQUENT  TAXES. 
Sale  of  property  for  delinquent  taxes. 

Sec.  43.  The  collector  must  collect,  in  addition  to  the  assessments 
due  on  the  delinquent  li.st,  and  ten  per  cent  added,  fifty  cents  on  each 
lot,  piece  or  tract  of  land  separately  assessed.  On  the  day  fixed  for  the 
sale,  or  some  subsequent  day  to  which  he  may  have  postponed  it,  of 
which  he  must  give  notice,  the  collector,  between  the  hours  of  ten  a.m. 
and  three  o'clock  p.m.,  must  commence  the  sale  of  the  property  adver- 
tised, commencing  at  the  head  of  the  list  and  continuing  alphabetically, 
or  in  the  numerical  order  of  the  lots  or  blocks,  until  completed,  lie 
may  postpone  the  day  of  commencing  the  sales,  or  the  sale,  from  day  to 
day,  but  the  sale  must  be  completed  within  three  weeks  from  the  day 
first  fixed;  provided,  that  if  any  sale  or  sales  shall  be  stayed  by  legal 
proceedings,  the  time  of  the  continuance  of  such  j)roceedings  is  not 
part  of  the  time  limited  for  making  such  sale  or  sales;  and  provided 
further,  that  in  any  district  where  the  validity  of  any  assessment  shall 
be  in  litigation  at  the  time  this  act  shall  take  effect,  the  sale  of  any 
property,  whether  it  be  involved  in  such  litigation  or  not,  may  be  post- 
poned for  a  time  not  to  exceed  four  months.     (Stats.  1913,  p.  1003.) 

Woodruff  vs.  Perm,  103  Cal.  611  ; 
Baxter  vs.  Vineland  Dist.,  136  Cal.  185-193  ; 
Bruschi  vs.  Cooper,  30  Cal.  App.  682  ; 
Corson  vs.  Crocker,  31  Cal.  App.  626. 

Rights  of  owner  of  realty ;  resale  in  default  of  payment ;  district  may  purchase. 
Sec  44.  The  owner  or  person  in  po.ssessioii  of  any  real  estate  offered 
for  sale  for  assessments  due  tliereon  may  designate,  in  writing,  to  the 
collector,  prior  to  the  sale,  what  portion  of  the  property  he  wishes  sold, 
if  less  than  the  whole;  but  if  the  owner  or  possessor  does  not,  then  the 


52  CALIFORNIA   IRRIGATION   DISTRICT   liAWS. 

collector  may  designate  it  and  the  person  who  will  take  the  least  quan- 
tity of  the  land,  or  in  case  an  undivided  interest  is  assessed,  then  the 
smallest  portion  of  the  interest,  and  pay  the  assessments  and  costs  due, 
including  two  dollars  for  the  duplicate  certificate  of  sale,  is  the  pur- 
chaser. If  the  purchaser  does  not  pay  the  assessments  and  costs  before 
ten  o'clock  a.m.  the  following  day,  the  property  on  the  next  sale  day 
must  be  resold  for  the  assessments  and  costs.  But  in  case  there  is  no 
purchaser  in  good  faith  for  the  same  on  the  first  day  that  the  property 
is  offered  for  sale,  then,  when  the  property  is  offered  thereafter  for 
sale,  and  there  is  no  purchaser  in  good  faith  for  the  same,  the  whole 
amount  of  the  property  assessed  shall  be  struck  off  to  the  irrigation 
district  within  which  such  lands  are  situated  as  the  purchaser,  and  the 
duplicate  certificate  delivered  to  the  treasurer  of  the  district,  and  filed 
by  him  in  his  office.  No  charge  shall  be  made  for  the  duplicate  certifi- 
cate where  the  district  is  the  purchaser,  and,  in  such  case,  the  collector 
shall  make  an  entry,  "sold  to  the  district,"  and  he  shall  be  credited 
with  the  amount  thereof  in  his  settlement.  An  irrigation  district  as  a 
purchaser  at  such  sale,  shall  be  entitled  to  the  same  rights  as  a  private 
purchaser,  and  the  title  so  acquired  by  the  district,  subject  to  the  right 
of  redemption  herein  provided,  may  be  cojnveyed  by  deed,  executed  and 
acknowledged  by  the  president  and  secretary  of  said  board;  provided, 
that  authority  to  so  convey  must  be  conferred  by  resolution  of  the 
board  entered  on  its  minutes,  fixing  the  price  at  which  such  sale  may 
be  made,  and  such  conveyance  shall  not  be  made  for  a  less  sum  than  the 
reasonable  market  value  of  such  property. 

Designation  of  least  quantity,  etc. :  • 

Best  vs.  Wohlford,  153  Cal.  17-20. 

Priority  of  tax  liens  : 

Nevada  National  Bank  vs.  Poso  Dist..  140  Cal.  344  ; 
Henrylyn  Irr.  Dist.  \s.  Patterson  (Colo.),  176  Pac.  493; 
(Political  Code,  section  3787;  .sec.  48  infra.) 

Certificate  of  sale. 

Sec.  45.  After  receiving  the  amount  of  assessments  and  costs,  the 
collector  must  make  out  in  duplicate  a  certificate,  dated  on  the  day  of 
sale,  stating  (when  known)  the  name  of  the  person  assessed,  a  descrip- 
tion of  the  land  sold,  the  amount  paid  therefor,  that  it  was  sold  for 
assessments,  giving  the  amount  and  year  of  the  assessment,  and  specify- 
ing the  time  when  the  purchaser  will  be  entitled  to  a  deed.  The  certifi- 
cate must  be  signed  by  the  collector,  and  one  copy  delivered  to  the 
purchaser,  and  the  other  filed  in  the  office  of  the  county  recorder  of 
the  county  in  which  the  land  is  situated. 

Beat  vs.  Wohlford,  153  Cal.  17; 
Bruachi  vs.  Cooper,  30  Cal.  App.  682  ; 
Corson  vs.  Crocker,  31  Cal.  App.  626  ; 
McDonouph  vs.  Cooper,  56  Cal.  Dec.  529,  530. 
(See  section  48  infra.) 

Record  book  of  property  sold  for  assessments. 

Sec.  40.  The  collector,  before  delivering  any  certificate,  must  in  a 
book  enter  a  description  of  the  land  sold,  corresponding  with  the  descrip- 
tion in  the  certificate,  the  date  of  the  sale,  purchasei*s'  names,  and 
amount  paid,  regularly  number  the  description  on  the  margin  of  the 
book,  and  put  a  corresponding  number  on  each  certificate.     Such  book 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  53 

must  be  open  to  public  inspection,  without  fee,  during  office  hours,  when 
not  in  actual  use.  On  filing  the  certificate  with  such  county  recorder 
the  lien  of  the  assassments  vests  with  the  purchaser,  and  is  only  divested 
by  the  payment  to  him,  or  to  the  collector  for  his  use,  of  the  pur- 
chase money,  and  two  per  cent  per  month  from  the  day  of  sale  until 
i*ederaption. 


REDEMPTION  OF  PROPERTY  SOLD  FOR  DELINQUENT  TAXES. 
Redemption  of  property. 

Sec.  47.  A  redemption  of  the  property  sold  may  be  made  by  the 
owner,  or  any  part}''  in  interest,  within  five  years  from  the  date  of 
purchase,  or  at  any  time  thereafter  before  a  deed  has  been  made  and 
delivered.  Redemption  must  be  made  in  gold  or  silver  coin,  as  provided 
for  the  collection  of  state  and  county  taxes,  and  when  made  to  the 
collector  he  must  credit  the  amount  paid  to  the  person  named  in  the 
certificate,  and  pay  it,  on  demand,  to  the  person  or  his  a&signees.  In 
each  report  the  collector  makes  to  the  board  of  directors,  he  must  name 
the  person  entitled  to  redemption  money,  and  the  amount  due  each.  On 
receiving  the  certificate  of  sale,  the  county  recorder  must  file  it  and 
make  an  entry  in  a  book  similar  to  that  required  of  the  collector.  On 
the  presentation  of  the  receipt  of  the  person  named  in  the  certificate,  or 
of  the  collector  for  his  use,  of  the  total  amount  of  the  redemption 
money,  the  recorder  must  mark  the  word  ''redeemed,"  the  date,  and 
by  whom  redeemed,  on  the  certificate  and  on  the  margin  of  the  book 
where  the  entry  of  the  certificate  is  made.  If  the  property  is  not 
redeemed  withirt  the  time  herein  provided,  the  collector,  or  his 
successor  in  office,  upon  demand,  must  make  to  the  purchaser,  or  his 
assignee,  a  deed  of  the  property,  reciting  in  the  deed  sutetantially  the 
matters  contained  in  the  certificate,  and  that  no  person  redeemed  the 
property  during  the  time  allowed  by  law  for  its  redemption ;  provided, 
that  where  property  has  been  sold  to  the  district  it  may  be  redeemed 
as  herein  provided,  at  any  time  before  the  di.strict  has  disposed  of  the 
same.  The  collector  shall  receive  from  the  purchaser,  for  the  use  of  the 
district,  two  dollars  for  making  such  deed.     (Stats.  1909,  p.  429.) 

Bruschi  vs.  Cooper,  30  Cal.  App.  682. 

Delinquent  taxes  not  bar  to  dissolution;  deed  of  land  sold. 

Sec.  47^.  The  five  year  period  herein  prescribed  for  the  redemption 
of  properties  sold  for  delinquent  taxes  .shall  not  operate  as  a  bar  to  the 
dissolution  of  any  irrigation  district.  If  any  land  has  been  sold  for 
delinquent  taxes  of  a  district  in  process  of  dissolution,  or  in  a  district 
which  has  been  di.ssolved,  and  the  time  allowed  for  redemption  has  not 
expired,  the  owner  of  such  property  or  any  one  in  interest  may  redeem 
the  same  by  paying  the  amount  due  thereon,  computed  as  provided  in 
section  forty-six  of  this  act,  to  the  county  treasurer,  who  must  issue  his 
receipt  therefor,  and  upon  the  presentation  of  such  receipt  the  county 
recorder  must  cancel  the  certificate  of  sale  in  the  manner  required  in 
the  preceding  section. 

In  the  event  any  land  lias  been  sold  for  non-payment  of  taxes  as 
herein  provided,  and  no  redemption  has  been  made  within  five  years 


54  C^VLIPORNIA  IRRIGATION   DISTRICT  LAWS. 

from  the  date  of  purchase  in  any  district  which  may  have  been  dis- 
solved before  the  expiration  of  said  redemption  period,  then  a  deed  for 
the  property  sold  and  described  in  the  certificate  of  sale  must  be  made 
to  the  purchaser  upon  demand  by  the  county  treasurer  of  the  county 
in  which  said  irrigation  district  is  or  was  situated.  Such  deed  shall 
contain  all  the  recitals  of  the  certificate  of  sale,  and  in  addition  thereto, 
a  recital  that  the  district  has  been  dissolved,  and  a  deed  executed  in 
pursuance  of  the  authority  given  by  this  section.  A  deed  so  executed 
shall  have  the  same  force  and  effect  as  if  executed  by  the  collector  of 
an  irrigation  district.     (Stats.  1911,  p.  516.) 

Tax  deed  evidence  of  what. 

Sec.  48.  The  matter  recited  in  the  certificate  of  sale  must  be  recited 
in  the  deed,  and  such  deed  duly  acknowledged  or  proved  is  prima  facie 
evidence  that:  (a)  The  property  was  assessed  as  required  by  law;  (&) 
the  property  was  equalized  as  required  by  law;  (c)  that  the  assessments 
were  levied  in  accordance  with  law;  {d)  the  assessments  were  not  paid; 
(e)  at  a  proper  time  and  place  the  property  was  sold  as  prescribed  by 
law,  and  by  the  proper  officer;  (/)  the  property  was  not  redeemed;  (g) 
the  person  who  executed  the  deed  was  the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  is  (except  as  against  actual 
fraud)  conclusive  evidence  of  the  regularity  of  all  the  proceedings  from 
the  assessment  by  the  assessor,  inclusive,  up  to  the  execution  of  the  deed. 
The  deed  conveys  to  the  grantee  the  absolute  title  to  the  lands  described 
therein  free  of  all  encumbrances,  except  when  the  land  is  owned  by  the 
United  States,  or  this  state,  in  which  case  it  is  prima  facie  evidence  of 
the  right  of  possession. 

Cooper  vs.  Miller.  113  Cal.  238; 

Escondido  H.  S.  Dist.  vs.  Escondido  Seminary,  130  Cal.  128; 

Best  vs.  Wohlford.  144  Cal.  733; 

Best  vs.  Wohlford,  ].'")3  Cal.  17; 

Haese  vs.  Heitzig,  159  Cal.  .569,  575; 

McDonouffh  vs.  Cooper,  56  Cal.  Dec.  529  ; 

BrnscM  vs.  Cooper,  30  Cal.  App.  682  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626. 

Assessment  book  evidence  of  what. 

Sec.  49,  The  assessment  book  or  delimiuent  list,  or  a  copy  thereof, 
certified  by  the  collector,  showing  unpaid  assessments  against  any 
person,  or  property,  is  prima  facie  evidence  of  the  assessment,  the 
property  assessed,  the  delinquency,  the  amount  of  assessments  due  and 
unpaid,  and  that  all  the  forms  of  the  law  in  relation  to  the  assessment 
and  levy  of  such  assessments  have  been  complied  with. 

Bruschi  vs.  Cooper,  31  Cal.  App.  682. 

Misnomer  does  not  invalidate. 

Sec  50.  "When  land  is  sold  for  assessments  correctly  imposed,  as  the 
property  of  a  particular  person,  no  misnomer  of  the  owner,  or  suppased 
owner,  or  other  mistake  relating  to  the  ownership  thereof  affects  the 
sale,  or  renders  it  void,  or  voidable. 

Escondido  H.  S.  Dist.  vs.  Escondido  Seminary,  130  Cal.  128  ; 
Commercial  National  Bank  vs.  Schlitz,  6  Cal.  App.  174,  182  ; 
Bruschi  vs.  Cooper,  30  Cal.  App.  682. 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  55 

Settlements  between  secretary  and  collector. 

Sec.  51.  On  the  first  Monday  in  each  month,  the  collector  must  settle 
with  the  secretary  of  the  ])oard  for  all  moneys  collected  for  assessments, 
and  pay  the  same  over  to  the  treasurer;  and  within  six  days  thereafter 
he  must  deliver  to  and  file  in  the  office  of  the  secretary  a  statement  under 
oath,  showing:  (a)  An  account  of  all  his  transactions  and  receipts  since 
his  last  settlement;  (6)  that  all  money  collected  by  him  as  collector  has 
been  paid.  The  collector  shall  also  file  in  the  office  of  the  secretary,  on 
said  first  Monday  in  each  month,  the  receipt  of  the  treasurer  for  the 
money  so  paid. 

REDEMPTION  OF  BONDS  AND  PAYMENT  OF  INTEREST. 
Redemption  of  bonds. 

Sec.  52.  Upon  presentation  of  any  matured  bond  or  any  matured 
interest  coupon  of  any  bond  of  the  district,  the  treasurer  shall  pay  the 
same  from  the  bond  fund.  If  funds  are  not  available  for  the  payment 
of  any  such  matured  bond  or  interest  coupon,  it  shall  draw  interest  at 
the  rate  of  seven  per  cent  per  annum  from  the  date  of  its  presentation 
for  payment  until  notice  is  given  that  funds  are  available  for  its  pay- 
ment, and  it  shall  be  stamped  and  provision  made  for  its  payment  as 
in  the  case  of  a  warrant  for  the  payment  of  which  funds  are  not 
available  on  its  presentation.  Whenever  the  bond  fund  contains  ten 
thousand  dollars  in  excess  of  the  amount  necessary  to  pay  all  bonds  and 
interest  coupons  of  the  district  that  have  matured  or  that  will  mature 
before  the  time  when  any  part  of  the  next  annual  assessment  to  be 
levied  in  the  district  will  become  delinquent,  the  board  of  directors  may 
advertise,  in  the  manner  hereinbefore  provided  for  the  sale  of  bonds, 
for  the  receipt  of  sealed  proposals  for  the  delivery  to  the  district  for 
redemption  of  any  of  its  bonds  not  due.  Said  advertisement  shall  state 
tFie  amount  which  may  be  used  for  the  redemption  of  such  bonds.  Any 
such  proposals  shall  be  opened  by  the  board  in  open  meeting  at  the  time 
named  in  said  advertisement,  and  the  offer  or  offers  of  such  bonds  at  the 
lowest  rate  or  rates  shall  be  accepted ;  j/rovUIed,  that  no  bonds  shall  be 
redeemed  at  more  than  the  par  value  thereof  except  by  unanimous  vote 
of  the  directors.  In  case  two  or  more  proposals  are  equal  and  there  is 
not  sufficient  money  available  to  accept  them  all,  the  lowest  numbered 
bonds  shall  have  the  preference.  In  case  not  enough  bonds  are  offered 
for  redemption  at  prices  which  the  board  of  directors  accepts,  the  board 
may  invest  any  money  available  for  redemption  of  bonds  in  bonds  of 
the  United  States  or  of  the  State  of  California  iind  shall  hold  the  bonds 
so  purchased  as  part  of  the  bond  fund  until  such  time  as  the  board  may 
determine  that  it  is  for  the  best  interests  of  the  district  that  such  bonds 
or  any  of  them  be  sold.  In  case  of  the  sale  of  any  such  bonds,  the 
proceeds  of  the  sale  shall  be  deposited  in  the  bond  fund.  (Stats.  1919, 
p.  667.) 

Hcwel  vs.  Ilogin,  3  Cal.  App.  248. 


56  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

CONSTRUCTION  OF  WORKS. 
Bids  for  construction  of  works. 

Sec.  53.  After  adopting  a  plan  for  such  canal  or  canals,  storage 
reservoirs,  and  works,  as  in  this  act  provided  for,  the  board  of  directors 
shall  give  notice,  by  publication  thereof  not  less  than  twenty  days  in 
one  newspaper  published  in  each  of  the  counties  composing  the  district 
(provided  a  newspaper  is  published  therein),  and  in  such  other  news- 
papers as  they  may  deem  advisable,  calling  for  bids  for  the  construction 
of  such  work,  or  of  any  portion  thereof ;  if  less  than  the  whole  work  is 
advertised,  then  the  portion  so  advertised  must  be  particularly  described 
in  such  notice.  Said  notice  shall  set  forth  that  plans  and  specifications 
can  be  seen  at  the  office  of  the  board,  and  that  the  board  will  receive 
sealed  proposals  therefor,  and  that  the  contract  will  be  let  to  the  lowest 
responsible  bidder,  stating  the  time  and  place  for  opening  said  pro- 
posals, which,  at  the  time  and  place  appointed,  shall  be  opened  in 
public ;  and  as  convenient  thereafter  the  board  shall  let  said  work,  either 
in  portions  or  as  a  whole,  to  the  lowest  responsible  bidder ;  or  they  may 
reject  any  or  all  bids  and  readvertise  for  proposals  or  may  proceed  to 
construct  the  work  under  their  own  superintendence ;  provided,  that  in 
case  of  emergency  or  urgent  necessity  for  the  construction,  extension 
or  repair  of  works  for  irrigation  or  drainage,  the  board  of  directors, 
by  unanimous  vote  of  those  present  at  any  regular  or  special  meeting, 
may  award  contracts  therefor  without  advertising  for  bids,  but  the 
cost  of  such  work  shall  not  exceed  five  hundred  dollars  and  such 
additional  amount  as  shall  be  equal  to  five  cents  for  each  acre  of  land 
in  the  district.  Contracts  for  the  purchase  of  material  shall  be  awarded 
to  the  lowest  responsible  bidder.  Any  person  or  persons  to  whom  a 
contract  may  be  awarded  shall  enter  into  a  bond,  with  good  and  suffi- 
cient sureties,  to  be  approved  by  the  board,  payable  to  .said  district  for 
its  use,  for  twenty-five  per  cent  of  the  amount  of  the  contract  price, 
conditioned  for  the  faithful  performance  of  said  contract.  The  work 
shall  be  done  under  the  direction  and  to  the  satisfaction  of  the  engineer, 
and  be  approved  by  the  board,     (Stats.  1919,  p.  6'68.) 

Healey  vs.  Anglo  Bank,  Ltd.,  5  Gal.  App.  278. 

Investigations  by  state  engineer. 

Sec.  53a,  During  the  construction  of  any  irrigation  works  to  be  paid 
for  out  of  the  proceeds  of  any  bond  issue  which  has  been  certified  by 
the  state  irrigation  district  bond  commiasion  as  provided  in  the  act 
creating  said  commission,  the  state  engineer  shall  have  access  to  all 
plans,  specifications,  and  records  of  such  construction,  and  shall  from 
time  to  time  make  such  investigations  and  such  reports  to  the  board  of 
directors  of  the  district  as  he  shall  deem  to  be  in  the  interest  of  the 
public  or  of  the  district.     (Stats.  1917,  p  768.) 

Payment  of  claims. 

Sec,  54.  No  claim  shajl  be  paid  by  the  treasurer  until  allowed  by 
the  board,  and  only  upon  a  warrant  signed  by  the  president,  and 
countersigned  by  the  secretary;  provided,  that  the  board  may  draw, 
from  time  to  time,  from  the  construction  fund,  and  deposit  in  the 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  57 

county  treasury  of  the  county  where  the  office  of  the  board  is  situated 
any  sum  in  excess  of  the  sum  of  twenty-five  thousand  dollars.  The 
county  treasurer  of  said  county  is  hereby  authorized  and  required  to 
receive  and  receipt  for  the  same  and  place  the  same  to  the  credit  of 
said  district,  and  he  shall  be  responsible  upon  his  official  bond  for  the 
safekeeping  and  disbursement  of  the  same,  as  in  this  act  provided. 
He  shall  pay  out  the  same,  or  any  portion  thereof,  to  the  treasurer  of 
the  district  only,  and  only  upon  the  order  of  the  board,  signed  by  the 
pr&sident,  and  attested  by  the  secretary.  The  said  county  treasurer 
shall  report,  in  writing,  on  the  second  INIonday  in  each  month,  the 
amount  of  money  in  the  county  treasury,  the  amount  of  receipts  for  the 
month  preceding,  and  the  amount  or  amounts  paid  out;  said  report 
shall  be  verified  and  filed  with  the  secretary  of  the  board.  The  district 
treasurer  shall  also  report  to  the  board,  in  writing,  on  the  first  Monday 
in  each  month,  the  amount  of  money  in  the  district  treasury,  the  amount 
of  receipts  for  the  month  preceding,  and  the  amount  and  items  of 
expenditures,  and  said  report  shall  be  verified  and  filed  with  the  sec- 
retary of  the  board. 

Perry  vs.  Otay  Irr.  Dist.,  127  Cal.  565. 

Negotiability  and  validity  of  warrants : 

Danby  vs.  Starlight  Irr.  Dist.  (Ore.),  157  Pac.  1066; 
Interstate  Trust  Co.  vs.  Steele  (Colo.),  173  Pac.  873-5. 

Reports  to  be  forwarded  to  state  engineer. 

Sec.  54|.  During  the  construction  of  any  work  to  be  paid  for  out 
of  the  proceeds  of  the  sale  of  any  bonds  of  any  irrigation  district 
within  this  state,  the  secretary  of  the  board  of  directors  shall,  within 
one  week  after  each  regular  meeting  of  said  board,  forward  to  the  state 
engineer  copies  of  all  reports  made  to  said  board  as  to  the  progress  of 
said  work  and  a  statement  of  the  amounts  paid  for  the  doing  of  any 
jtart  of  said  work.  Immediately  after  the  publication  of  the  statement 
of  the  financial  condition  of  any  irrigation  district  within  this  .state, 
rocpiired  by  section  fourteen  of  this  act  to  be  made  annually,  the  board 
of  directors  of  said  district  shall  caase  a  copy  of  said  statement  and  a 
report  stating  the  general  condition  of  any  works  constructed  or 
acquired  by  said  district  and  whether  or  not  the  plan  of  irrigation 
adopted  by  the  district  is  being  successfully  carried  out  and  any  other 
matters  which  the  board  may  deem  proper,  to  be  forwarded  to  the  state 
engineer,  who  shall  examine  said  statement  and  report  and  make  to 
said  board  such  recommendations  and  comments  as  he  may  deem 
proper.  The  state  engineer  may  at  any  time  make  or  cause  to  be 
made  an  examination  of  the  affairs  of  any  irrigation  district  within  this 
state  or  call  upon  the  authorities  of  such  district  for  .such  information 
as  he  mav  d&sire  and  make  such  report  thereon  as  he  mav  deem  advis- 
able.    (Stats.  1913,  p.  1000.) 

Improvements  to  be  paid  for  from  construction  fund. 

Sec.  55.  The  cost  and  expense  of  purchasing  and  acquiring  property 
and  constructing  the  works  and  improvements  herein  provided  for, 
sliall  be  wholly  paid  out  of  tlie  construction  fund;  provided,  however, 
that  when  any  lauds,  waters,  water  rights  or  other  property  .shall  be 


58  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

acquired  by  the  district  by  any  lease  or  contract,  under  the  terms  of 
which  the  consideration  or  rental  shall  be  payable  in  such  installments 
that  a  like  amount  shall  be  payable  in  each  year  of  the  life  of  such 
lease  or  contract,  then  such  rental  or  consideration  shall  be  paid  out  of 
the  funds  derived  from  the  levying  of  annual  assessments,  or  from  the 
collection  of  rates,  tolls  and  charges  fixed  and  collected  as  hereinafter 
provided  for.  For  the  purpase  of  defraying  the  expenses  of  the 
organization  of  the  district,  and  of  the  care,  operation,  management, 
repair  and  improvement  of  such  portions  of  such  canal  and  works 
as  are  completed  and  in  use,  including  salaries  of  officers  and 
employees,  and  installments  of  rental  or  consideration  accruing  under 
any  lease  or  contract  as  hereinabove  in  this  section  mentioned,  the 
board  may  in  lieu  (either  in  part  or  in  whole)  of  levying  assessments 
as  herein  provided  for,  fix  rates  of  toll  and  charges,  for  irrigation  and 
other  public  uses  declared  by  this  act,  and  collect  the  same  from  all 
persons  using  said  canal  for  irrigation  and  other  purposes.  (Stats. 
1911,  p.  516.) 

Hughson  vs.  Crane,  115  Cal.  404. 

Right  of  way. 

Sec.  56.  The  board  of  directors  .shall  have  power  to  construct  the 
said  works  across  any  stream  of  water,  watercourse,  street,  avenue, 
highway,  railway,  canal,  ditch,  or  flume  which  the  route  of  said  canal 
or  canals  may  intersect  or  cross,  in  such  manner  as  to  afford  security 
for  life  and  property;  but  said  board  shall  restore  the  same,  when  so 
crossed  or  intersected,  to  its  former  state  as  near  as  may  be,  or  in  a 
sufficient  manner  not  to  have  impaired  unnecessarily  its  usefulness ;  and 
every  company  whose  railroad  shall  be  intersected  or  crossed  by  said 
works  shall  unite  with  said  board  in  forming  said  inter.sections  and 
crossing.s,  and  grant  the  privileges  aforesaid ;  and  if  such  railroad  com- 
pany and  said  board,  or  the  owners  and  controllers  of  the  said  prop- 
erty, thing,  or  franchise  so  to  be  crossed,  can  not  agree  upon  the  amount 
to  be  paid  therefor,  or  the  points  or  the  matter  of  said  crossings  or 
intersections,  the  same  shall  be  ascertained  and  determined  in  all 
respects  as  is  herein  provided  in  respect  to  the  taking  of  land.  The 
right  of  way  is  hereby  given,  dedicated,  and  set  apart,  to  locate,  con- 
struct, and  maintain  said  works  over  and  through  any  of  the  lands 
which  are  now  or  may  be  the  property  of  this  state ;  and  also  there  is 
given,  dedicated,  and  set  apart,  for  the  uses  and  purposes  aforesaid, 
all  waters  and  water  rights  belonging  to  this  state  within  the  district. 

McPheraon  vs.  Alta  Irr.  Diat.,  14  Cal.  App.  353  ; 
MacCmnmelly  vs.  Pioneer  Irr.  Diat.   (Idaho),  105  Pac.  1076; 
City  of  Nampa  vs.  Nampa,  etc.,  Diat.  (Idaho),  131  Pac.  8. 

GOVERNING  DIRECTORS. 
Compensation  of  officers. 

Sec.  57.  The  directors  when  sitting  as  a  board  or  acting  under  the 
orders  of  the  board,  shall  each  receive  not  to  exceed  four  dollars  per 
day  and  ten  cents  per  mile  for  each  mile  actually  traveled  from  his 
place  of  residence  to  the  office  of  the  board,  and  actual  and  necessary 
expenses  paid  while  engaged  in  official  business  under  the  order  of  the 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  .59 

board;  provided,  that  in  irrigation  districts  containing  five  hundred 
thousand  acres  or  more  the  directors,  in  lieu  of  said  per  diem,  shall 
each  receive  a  salary  of  one  hundred  and  fifty  dollars  per  month.  The 
board  shall  fix  the  compensation  to  be  paid  to  all  officers  named  in  this 
act,  to  be  paid  out  of  the  treasury  of  the  district;  provided,  that  said 
board  shall,  upon  the  petition  of  at  least  fifty  freeholders  within  such 
district  therefor,  submit  to  the  electors  at  any  general  election  a 
schedule  of  salaries  and  fees  to  be  paid  hereunder,  which  may  include 
the  salary  or  per  diem  to  be  paid  to  the  directors.  Such  petition  must 
be  presented  to  the  board  not  less  than  twenty  days  nor  more  than 
forty  days  prior  to  a  general  election,  and  the  rasult  of  such  election 
shall  be  determined  and  declared  in  all  respects  as  other  elections  are 
determined  and  declared  under  this  act.     (Stats.  1915,  p.  1368.) 

Directors  not  to  be  interested  in  contracts. 

Sec.  58.  No  director  or  any  other  officer  named  in  this  act  shall  in 
any  manner  be  interested,  directly  or  indirectly,  in  any  contract 
awarded  or  to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived 
therefrom ;  and  for  any  violation  of  this  provision,  such  officer  shall  be 
deemed  guilty  of  a  misdemeanor,  and  such  conviction  shall  work  a 
forfeiture  of  his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding 
five  hurfdred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing six  months,  or  by  both  such  fine  and  imprisonment. 

SPECIAL  ASSESSMENTS. 
Election  on  question  of  special  assessment. 

Sec.  59.  The  board  of  directors  may  at  any  time  call  a  special 
election  and  submit  to  the  qualified  electors  of  the  district  the  question 
whether  a  special  assessment  shall  be  levied  for  the  purpose  of  raising 
money  to  be  applied  to  any  of  the  purposes  of  this  act  or  of  any  act 
supplementary  hereto.  Such  election  must  be  called  upon  the  notice 
prescribed,  and  the  same  shall  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  in  conformity  with  the  provisions  of  sec- 
tion thirty  d  of  this  act.  The  notice  must  specify  the  amount  of  money 
proposed  to  be  raised,  and  the  purpose  or  purposes  for  which  it  is 
intended  to  be  used,  and  it  may  state  that  said  assessment  .shall  be 
levied  in  two  or  three  annual  installments  and  specify  the  amount  of 
the  installment  to  be  levied  in  each  year.  At  the  special  election  the 
ballots  shall  contain  the  words  "Assessment — Yes"  or  "Assessment — 
No,"  or  words  equivalent  thereto.  If  a  majority  of  the  votes  cast  are 
"Assessment — Yes,"  the  board  of  directors  shall,  at  the  time  of  the 
annual  levy  hereunder,  levy  a  sum  sufficient  to  raise  the  amount  voted, 
or,  if  the  notice  of  election  shall  have  provided  for  levying  said  assess- 
ment in  annual  installments,  the  board  of  directors  shall,  at  the  time 
*of  the  annual  levy  in  each  of  the  years  specified  in  said  notice,  levy 
such  assessment  as  shall  raise  the  amount  of  the  installment  provided 
in  said  notice  to  be  raised  in  said  year ;  provided,  Jioiccvcr,  that  in  ease 
of  an  unexpected  emergency  by  which  the  flow  of  water  in  the  canal 
or  other  supply  is  interrupted,  the  amount  of  the  indebtedness,  incurred 
in  the  repair  of  the  works  of  said  district,  caused  by  such  interruption, 


60  CALIFORNIA  IRRIGATION   DISTRICT   LAWS. 

not  to  exceed  in  any  one  year  forty  thousand  dollars,  may  also,  in 
addition  to  the  assessments  hereinbefore  provided  for,  be  levied  by  the 
adoption  of  a  resolution  by  at  least  four-fifths  of  the  members  of  the 
board  of  directors,  at  the  time  of  the  levying  of  the  annual  assessment 
provided  for  in  this  act,  without  the  submission  of  the  question  of  such 
levy  to  a  vote,  as  in  this  section  hereinbefore  provided.  (Stats.  1919, 
p.  668.) 

Imperial  iMnd  Co.  vs.  Imperial  Irr.  Dlst.,  26  Cal.  App.  529  ; 
Imperial  Land  Co.  vs.  Iviperial  Irr.  Dist.,  17.3  Cal.  660  ; 
Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  668 ; 
McDonoxigh  vs.  Cooper.  56  Cal.  Dec.  529,  177  Pac.  153. 

Rate  of  assessments,  how  ascertained. 

Sec.  60.  The  rate  of  asses-sments  levied  under  the  provisions  of  this 
act  shall  be  ascertained  by  deducting  fifteen  per  cent  for  anticipated 
delinquencies  from  the  aggregate  assessed  value  of  the  property  in  the 
district  as  it  appears  on  the  assessment  roll  for  the  current  year,  and 
then  dividing  the  sum  to  be  raised  by  the  remainder  of  such  aggregate 
assessed  value.  Special  assessments  shall  be  computed  and  entered  by 
the  secretary  and  collected  as  a  part  of  the  regular  assessment  levied 
hereunder,  and,  when  collected,  shall  be  paid  into  the  district  treasury 
for  the  purpose  or  purposes  specified  in  the  notices  calling  the  respective 
elections  at  which  they  were  voted.     (Stats.  1919,  p.  669.) 

McDonough  vs.  Cooper,  56  Cal.  Dec.  529,  177  Pac.  153  ; 
Stevens  vs.  Melville  (Utah),  175  Pac.  602. 

INCURRING  INDEBTEDNESS. 
Power  to  incur  indebtedness  restricted. 

Sec.  61.  The  board  of  directors  or  other  officers  of  the  district  shall 
have  no  power  to  incur  any  debt  or  liability  whatever,  either  by  issuing 
bonds  or  otherwise,  in  excess  of  the  express  provisions  of  this  act ;  and 
any  debt  or  liability  incurred  in  excess  of  such  express  provisions  shall 
be  and  remain  absolutely  void,  except  that  for  the  purposes  of  organi- 
zation, or  for  any  of  the  purposes  of  this'tBCt,  the  board  of  directors 
may,  before  the  collection  of  the  first  assessment,  incur  indebtedness  in 
such  sum  or  sums  as  shall  amount  to  two  thousand  dollars,  or,  if  the 
district  shall  contain  more  than  four  thousand  acres,  to  one-half  as 
many  dollars  as  there  are  acres  of  land  in  the  district,  and  may  cause 
warrants  of  the  district  to  be  issued  therefor,  bearing  interest  at  not 
more  than  seven  per  centum  per  annum,  said  rate  to  be  fixed  by  the 
board  of  directors,  and  all  such  warrants  must  be  made  payable  not 
later  than  the  first  day  of  January  after  the  first  assessment  shall  be 
levied  in  the  district  issuing  such  warrants ;  and  provided,  further,  that 
nothing  contained  in  this  section  shall  be  construed  as  limiting  the 
right  of  the  board  to  enter  into  any  contract  or  lease  for  any  lands, 
waters,  water  rights  or  other  property,  as  in  this  act  provided  for,  and 
by  such  lease  or  contract  to  bind  the  district  for  the  payment  of  the 
rental  or  consideration  specified  in  such  lease  or  contract.  (Stats.  1915, 
p.  1369.) 

Mitchell  vs.  Patterson,  120  Cal.  286,  293. 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  61 

Warrants  not  paid  to  draw  interest. 

Sec.  61a.  Whenever  any  warrant  of  tlie  di.strict  payable  on  demand 
i.s  presented  to  the  treasurer  for  payment  when  funds  are  not  available 
for  the  payment  thereof,  it  shall  thereafter  draw  interast  at  a  rate  to  be 
determined  by  resolution  of  the  board  of  directors,  not,  however,  to 
exceed  seven  per  centum  per  annum,  until  public  notice  is  given  that 
such  funds  are  available.  Upon  the  presentation  of  any  such  warrants 
for  payment,  other  than  warrants  issued  under  the  provisions  of  sec- 
tion si xty-ono  hereof,  when  funds  of  the  district  are  not  available  to  pay 
the  same,  the  treasurer  of  the  district  shall  endorse  thereon  the  words 
"funds  not  available  for  payment,"  with  the  date  of  prasentation  and 
shall  specify  the  interest  that  such  warrants  shall  thereafter  bear  and 
shall  sign  his  name  thereto.  He  shall  keep  a  record  showing  the 
number  and  amount  of  each  such  warrant,  the  date  of  its  issuance,  the 
person  in  whose  favor  it  was  issued,  and  the  date  of  its  presentation 
for  payment.  Whenever  there  is  sufficient  money  in  the  treasury  to 
pay  all  such  outstanding  warrants  or  whenever  the  board  of  directors 
shall  order  that  all  such  warrants  presented  for  payment  prior  to  a 
certain  date,  be  made  and  there  is  sufficient  money  available  for  such 
payments,  the  treasurer  shall  give  notice  in  some  newspaper  published 
in  the  district,  or,  if  none  is  published  therein,  then  in  some  newspaper 
published  in  the  county  in  which  the  district  or  any  portion  thereof  is 
situated,  or,  if  none  is  published  in  such  county,  then  the  treasurer 
shall  post  such  notice  conspicuou.sly  in  the  place  in  which  the  board 
of  directors  of  the  district  holds  its  regular  meetings,  stating  that  he 
is  prepared  to  pay  all  warrants  of  the  district  for  the  payment  of  which 
funds  were  not  available  upon  their  original  presentation,  or  all  such 
warrants  which  were  presented  for  payment  prior  to  the  date  fixed  by 
the  board  of  directors,  as  the  case  may  be,  and  no  further  description 
of  the  warrants  entitled  to  payment  shall  be  made  in  such  notice.  Upon 
the  presentation  of  any  warrant  entitled  to  payment  under  the  terms 
of  such  notice,  the  treasurer  shall  pay  it,  together  with  interest  thereon 
at  the  rate  specified  by  the  board  of  directors,  from  the  date  of  its 
original  presentation  for  payment  to  the  date  of  the  first  publication 
or  posting  of  said  notice,  and  all  warrants  for  the  payment  of  which 
funds  are  declared  in  said  notice  to  be  available  shall  cease  to  draw 
interest  at  the  time  of  the  first  publication  or  posting  of  said  notice. 
The  treasurer  shall  enter  in  the  record  hereinbefore  required  to  be  kept, 
the  dates  of  the  payment  of  all  such  warrants,  the  names  of  the  persons 
to  whom  payments  are  made  and  the  amount  paid  to  each  person. 
(Stats.  1915,  p.  1369.) 

Carter  vs.  Tilghman,  119  Cal.  104-6. 

Directors  may  purchase  irrigation  works. 

Sec.  616.  The  board  of  directors  of  irrigation  districts  may  acquire, 
by  purchase  or  condemnation,  the  irrigation  .system,  canals  and  works 
through  which  lands  in  such  districts  have  been  or  may  be  supplied 
with  water  for  irrigation^  and  may  excliange  bonds  of  such  irrigation 

'The  procedure  before  the  Railroad  Commission  for  tlie  valuation  of  the  property 
of  a  public  utility  in  condemnation  proceedings  instituted  by  a  district  is  prescribed 
in  sections  47  and  70  of  tlie  Public  Utilities  Act   (as  amended  by  Stats.   1917,  p.  261). 


62  CALIFORNIA   IRRIGATION   DISTRICT   LAWS, 

district  for  such  system  or  canals  or  works  or  for  any  portion  thereof, 
or  for  any  interest  therein  or  for  the  capital  stock  of  any  corporation 
owning  such  system  or  any  portion  thereof,  upon  such  terms  and  con- 
ditions as  the  said  board  of  directors  may  deem  best.  (Stats.  1917, 
p.  769.) 

Exchange  of  bonds  for  property :  ' 

Stowell  vs.  Rialto  Dist.,  155  Cal.  215; 
Ham  vs.  Grapeland  Dist.,  172  Cal.  611; 
Hooker  vs.  East  Riverside  Dist.,  27  Cal.  App.  Dec.  623  ; 
Rialto  Dist.  vs.  Stowell,  246  Fed.  294,  297  ; 
Baltes  vs.  Farmers  Irr.  Dist.   (Nebr.),  83  N.  W.  83; 
Wyman  vs.  Searles  (Nebr.),  128  N.  W.  801  ; 
O'Neil  vs.  Yellowstone  Dist.  (Mont.),  121  Pac.  283; 

Validity  of  contract  for  exchange: 

Kinkade  vs.  Witherop   (Wash.),  69  Pac.  S99  ; 
Board  of  Directors  vs.  Peterson  (Ore.),  128  Pac.  837. 

Determination  of  validity  of  bonds. 

Sec.  61e.  Where  the  board  of  directors  of  an  irrigation  district  have 
exchanged  bonds  or  have  agreed  to  exchange  bonds  for  property  rights 
in  any  irrigation  system  or  works  or  for  any  interest  therein  under  the 
provisions  of  section  sixty-one  &  of  this  act,  the  court  shall,  in  any 
proceeding  brought  under  the  provisions  of  the  last  section,  by  its 
decree  determine  the  validity  of  all  bonds  issued  or  to  be  issued  under 
any  contract  or  contracts  for  the  exchange  of  bonds  for  property 
interests  and  by  its  decree  shall  determine  whether  the  bonds  provided 
for  in  said  contracts,  when  delivered  to  the  person  or  corporation 
entitled  thereto  under  the  terms  of  any  such  contract,  shall  constitute 
valid  obligations  of  said  irrigation  district  as  against  all  persons. 
(Stats.  1915,  p.  1291.) 

GOVERNING  THE  USE  OF  WATER. 
When  the  volume  of  water  is  insufficient. 

Sec.  62.  In  case  the  volume  of  water  in  any  stream  or  river  shall  not 
be  sufficient  to  supply  the  continual  wants  of  the  entire  country 
through  which  it  passes,  and  susceptible  of  irrigation  therefrom,  then  it 
shall  be  the  duty  of  the  water  commissioners,  constituted  as  hereinafter 
provided,  to  apportion,  in  a  just  and  equitable  proportion,  a  certain 
amount  of  said  water  upon  certain  or  alternate  weekly  days  to  different 
localities,  as  they  may,  in  their  judgment,  think  best  for  the  interest  of 
all  parties  concerned,  and  with  due  regard  to  the  legal  and  equitable 
rights  of  all.  Said  water  commissioners  shall  consist  of  the  chairman 
of  the  board  of  directors  of  each  of  the  districts  affected. 

Full  capacity  of  ditches. 

Sec.  63.  It  shall  be  the  duty  of  the  Imard  of  directors  to  keep  the 
water  flowing  throujrh  the  ditches  under  their  control  to  the  full  capacity 
of  such  ditch&s  in  times  of  high  water. 

Sec.  64.    Repealed  Stats.  1917,  p.  915. 

Right  of  eminent  domain. 

Sec.  65.  Notliing  herein  contained  shall  be  deemed  to  authorize  any 
person  or  persons  to  divert  the  waters  of  any  river,  creek,  stream, 


CALIFORNIA  IRRIGATION   DISTRICT  LAWS.  63 

canal,  or  ditch  from  its  channel,  to  the  detriment  of  any  person  or 
persons  having  any  interest  in  such  river,  creek,  stream,  canal,  or  ditch, 
or  the  waters  therein,  unless  previous  compensation  be  ascertained  and 
paid  therefor,  under  the  laws  of  this  state  authorizing  the  taking  of 
private  property  for  public  uses. 

EXEMPTION  FROM  TAXATION— CREATION  OF  FUNDS. 
Exemption  of  property  from  taxation. 

Sec.  66.  The  rights  of  way,  ditches,  flumes,  pipe-lines,  dams,  water 
rights,  reservoirs,  and  other  property  of  like  character,  belonging  to 
any  irrigation  district  shall  not  he  taxed  for  state  and  county  or 
municipal  purposes. 

Constitution  of  California,  Sec.  1,  Art.  XIII.  ^ 

Funds  created. 

Sec.  67.  The  following  funds  are  hereby  created  and  established,  to 
which  the  moneys  properly  belonging  shall  be  apportioned,  to  wit: 
bond  fund,  construction  fund,  general  fund. 

Hughson  vs.  Crane,  115  Cal.  404,  414. 

Unexpended  money. 

Sec.  61a.  Whenever  an  o])jeet  for  which  money  has  been  specifically 
provided  by  assessment  or  by  bond  issue  has  been  accomplished  and 
any  money  provided  therefor  remains  unexpended,  the  same  shall  in 
the  discretion  of  the  board  of  directors  be  transferred  to  the  general 
fund  and  thereafter  be  available  for  any  of  the  purposes  of  this  act. 
(Stats.  1917,  p.  769.) 

GENERAL  PROVISIONS. 
Action  to  determine  validity  of  bonds. 

Sec.  68.  The  board  of  directors  may,  at  any  time  after  the  issue 
of  any  bonds  or  the  levy  of  any  ass&ssment  herein  provided  for,  bring 
an  action  in  the  superior  court  of  the  county  wherein  is  located  the 
office  of  such  board,  to  determine  the  validity  of  any  such  bonds  or 
such  levy  of  assessments;  such  action  shall  be  in  the  nature  of  a  pro- 
ceeding m  rem,  and  jurisdiction  of  all  parties  interested  may  be  had 
by  publication  of  summons  for  at  least  once  a  week  for  three  weeks  in 
some  paper  of  general  circulation  published  in  the  county  where  the 
action  is  pending,  such  paper  to  be  designated  by  the  court  having 
jurisdiction  of  the  proceedings.  Jurisdiction  shall  be  complete  within 
ten  days  after  the  full  publication  of  such  summons  in  the  manner 
herein  provided.  Anyone  interested  may  at  any  time  before  the  expira- 
tion of  said  ten  days  appear  and  by  proper  proceedings  contest  tlie 
validity  of  such  bonds  or  assessments.  Such  action  shall  be  speedily 
tried  and  judgment  rendered  declaring  such  matter  so  contested  either 
valid  or  invalid.  Either  party  may  have  the  right  to  appeal  to  the 
supreme  court  at  any  time  within  thirty  days  after  the  rendition  of 

C— 48601 


64  CALIFORNIA  IRRIGATION  DISTRICT   LAWS. 

such  judgment,  which  appeal  must  be  heard  and  determined  within 
three  months  from  the  time  of  taking  such  appeal. 

Western  Union  Tel.  Co.  vs.  Modesto  Diat.,  149  Cal.  662-6  ; 

Fogg  vs.  Perris  Dist.,  154  Cal.  209  ; 

Haesc  vs.  Heitzig,  159  Cal.  569  ; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660 ; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  668  ; 

Black  Canyon  Irr.  Dist.  vs.  Fallon  (Idaho),  122  Pac.  850; 

Petition  of  Board  of  Directors  Unit  Dist.  (Ore.),  178  Pac.  186-8. 

Assessment  payer  may  bring  action. 

Sec.  69.  If  no  such  proceedings  shall  have  been  brought  by  the 
board  of  directors,  then,  at  any  time  within  thirty  days  after  the  levy 
of  any  assessment  or  issue  of  any  bonds  under  the  provisions  of  this  act, 
any  district  assessment  payer  may  bring  an  action  in  the  superior 
court  of  the  county  where  the  office  of  the  board  of  directors  is  located, 
to  determine  the  validity  of  any  such  assassment  or  such  bonds.  The 
board  of  directors  shall  be  made  parties  defendant,  and  service  of  sum- 
mons shall  be  made  on  the  members  of  the  board  personally.  Said 
board  shall  have  the  right  to  appear  and  contest  such  action.  Such 
action  shall  be  speedily  tried,  with  the  right  of  appeal  to  either  party, 
within  the  time  and  manner  herein  provided  for  the  bringing  of  actions 
by  the  board  to  determine  such  matters.  Such  appeal  shall  be  heard 
and  determined  in  the  manner  and  within  the  time  therein  provided. 

Western  Union  Tel.  Co.  vs.  Modesto  Dist.,  149  Cal.  662-6  ; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660  ;  '^ 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  668. 

Consolidation  of  actions.  ' 

Sec.  70.  If  more  than  one  action  shall  be  pending  at  the  same  time 
concerning  similar  contests  in  this  act  provided  for,  they  shall  be  con- 
solidated and  tried  together. 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660. 

Courts  must  disregard  errors,  etc.;  rules  of  pleading. 

Sec.  71.  The  court  hearing  any  of  the  contests  herein  provided  for, 
in  inquiring  into  the  regularity,  legality,  or  correctness  of  such  pro- 
ceeding.s,  must  disregard  any  error,  irregularity,  or  omission  which  does 
not  affect  the  substantial  rights  of  the  parties  to  said  action  or  proceed- 
ing. The  rules  of  pleading  and  practice  provided  by  the  Code  of  Civil 
Procedure,  which  are  not  inconsistent  with  the  provisions  of  this  act, 
are  applicable  to  all  actions  or  proceedings  herein  provided  for.  The 
motion  for  a  new  trial  of  any  such  action  or  proceeding  must  be  heard 
and  determined  within  ten  days  from  the  filing  of  the  notice  of  inten- 
tion. The  costs  on  any  hearing,  or  cont&st  herein  provided  for,  may  be 
allowed  and  apportioned  between  the  parties,  or  taxed  to  the  losing 
party,  in  the  discretion  of  the  court. 

Imperial  Land  Co.  vs.  Imperial  Diat.,  173  Cal.  660. 

Contests. 

Sec.  72.  No  contest  of  anything  or  matter  herein  provided  shall  be 
made  other  than  within  the  time  and  manner  herein  specified,  and  in 
any  such  action  all  findings  of  facts  or  conclusions  of  said  board  of 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  65 

directors,  or  of  the  board  of  supervisors  upon  all  matters  shall  be  con- 
clusive, unless  such  action  was  instituted  witliin  six  months  after  such 
finding  or  conclusion  was  made.     (Stats.  1915,  p.  1370.) 

Imperial  Land  Co.  vs.  Iviperial  Dist.,  17.3  Cal.  660. 

Penalty  for  violation  of  duty. 

Sec.  73.  For  any  willful  violation  of  any  exprps.s  duty  herein  pro- 
vided for,  on  the  part  of  any  officer  herein  named,  he  shall  be  liable 
upon  his  official  bond,  and  be  .subject  to  removal  from  office,  by  pro- 
ceedings brought  in  the  superior  court  of  the  county  wherein  the  office 
of  the  board  of  directors  of  the  district  is  located,  by  any  assessment 
payer  of  the  district. 

EXCLUSION  OF  LANDS. 
Boundaries  may  be  changed  to  exclude  lands. 

Sec.  74.  The  boundaries  of  any  irrigation  district  now  organized  or 
hereafter  organized  under  the  provision  of  this  act,  may  be  changed, 
and  tracts  of  land  which  were  included  within  the  boundaries  of  such 
district  at  or  after  its  organization  under  the  provisions  of  said  act, 
may  be  excluded  therefrom,  in  the  manner  herein  prescribed;  but 
neither  such  change  of  the  boundaries  of  the  districts  nor  such  exclusion 
of  lands  from  the  district  .shall  impair  or  affect  its  organization,  or  its 
right  in  or  to  property,  or  any  of  its  rights  or  privileges  of  whatever 
kind  or  nature;  nor  shall  it  affect,  impair,  or  discharge  any  contract, 
obligation,  lien,  or  charge  for  or  upon  which  said  district  was  and  may 
become  liable  or  chargeable,  had  such  change  of  its  boundaries  not  been 
made,  or  had  not  such  land  been  excluded  from  the  district. 

Board  of  Directors  vs.  Tregca,  88  Cal.  334-356. 

Petition  of  owners  for  exclusion  of  land. 

Sec.  75.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land 
which  constitute  a  portion  of  an  irrigation  district  may  jointly  or  sev- 
erally file  with  the  board  of  directoi*s  of  the  district  a  petition,  praying 
that  such  tract  or  tracts,  and  any  other  tracts  contiguous  thereto,  may 
be  excluded  and  taken  from  said  district.  The  petition  shall  state  the 
grounds  and  reasons  upon  which  it  is  claimed  that  .such  lands  should  be 
excluded  and  shall  dascribe  the  boundaries  thereof,  and  also  the  lands 
of  such  petitioner  or  petitioners  which  are  included  within  such  bounda- 
ries; but  the  description  of  such  lands  need  not  be  more  particular  or 
certain  tlian  is  required  when  the  lands  are  entered  in  the  assessment 
book  by  the  county  asses.sor.  Such  petition  must  be  acknowledged  in 
the  same  manner  and  form  as  is  required  in  the  case  of  a  conveyance 
of  land,  and  the  acknowledgment  shall  have  the  same  force  ancl  eft'ect 
as  evidence  as  the  acknowledgment  of  such  a  conveyance. 

Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 

Publication  of  filing  of  petition;  contents  of  notice. 

Sec.  76.  The  secretary  of  the  board  of  directors  shall  cau.se  a  notice 
of  the  filing  of  such  petition  to  be  published  for  at  least  two  weeks  in 


66  CALIFORNIA   IRRIGATION  DISTRICT   LAWS. 

some  newspaper  published  in  tlie  county  where  the  office  of  the  board 
of  directors  is  situated,  and  if  any  portion  of  such  territory  to  be 
excluded  lie  within  another  county  or  counties,  then  said  notice  shall 
be  so  published  in  a  newspaper  published  within  each  of  said  counties ; 
or  if  no  newspaper  be  published  therein,  then  by  posting  such  notice 
for  the  same  time  in  at  least  three  public  places  in  said  district,  and 
in  case  of  the  posting  of  said  notices,  one  of  said  notices  must  be  so 
posted  on  the  lands  proposed  to  be  excluded.  The  notice  shall  state  the 
filing  of  such  petition,  the  names  of  the  petitioners,  a  description  of 
the  lands  mentioned  in  said  petition,  and  the  prayer  of  said  petition; 
and  it  shall  notify  all  persons  interested  in,  or  who  may  be  affected  by 
such  change  of  the  boundaries  of  the  district,  to  appear  at  the  office  of 
said  board  at  a  time  named  in  said  notice,  and  show  cause,  in  writing, 
if  any  they  have,  why  the  change  of  the  boundaries  of  said  district,  as 
proposed  in  said  petition,  should  not  be  made.  The  time  to  be  specified 
in-the  notice  at  which  they  shall  be  required  to  show  cause  shall  be  the 
regular  meeting  of  the  board  next  after  the  expiration  of  the  time  for 
the  publication  of  the  notice. 

Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 

Hearing  of  petition;  failure  to  show  cause  deemed  assent. 

Sec.  77.  The  board  of  directors,  at  the  time  and  place  mentioned  in 
the  notice,  or  at  the  time  or  times  to  which  the  hearing  of  said  petition 
may  be  adjourned,  shall  proceed  to  hear  the  petition,  and  all  evidence 
or  proofs  that  may  or  shall  be  introduced  by  or  on  behalf  of  the  peti- 
tioner or  petitioners,  and  all  objections  to  such  petition  that  may  or 
shall  be  presented  in  writing  by  any  person  showing  cause  as  aforesaid, 
and  all  evidence  and  proofs  that  may  be  introduced  in  support  of  such 
objections.  Such  evidence  shall  be  taken  down  in  shorthand,  and  a 
record  made  thereof  and  filed  with  the  board.  The  failure  of  any 
person  interested  in  said  district,  other  than  the  holders  of  bonds  thereof 
outstanding  at  the  time  of  the  filing  of  said  petition  with  said  board,  to 
show  cause,  in  writing,  why  the  tract  or  tracts  of  land  mentioned  in 
said  petition  should  not  be  excluded  from  said  district,  shall  be  deemed 
and  taken  as  an  assent  by  him  to  the  exclusion  of  such  tract  or  tracts  of 
land,  or  any  part  thereof,  from  said  district;  and  the  filing  of  such 
petition  with  said  board,  as  aforesaid,  shall  be  deemed  and  taken  as  an 
assent  by  each  and  all  such  petitioners  to  the  exclusion  from  such  district 
of  the  lands  mentioned  in  the  petition,  or  any  part  thereof.  The 
expenses  of  giving  said  notice  and  of  the  aforesaid  proceeding  shall  be 
paid  by  the  person  or  persons  filing  such  petition. 

Harelaon  vs.  SotUh  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 

Power  of  board  to  exclude  land  from  district. 

Sec.  78.  If,  upon  the  hearing  of  any  such  petition,  no  evidence  or 
proofs  in  support  thereof  be  introduced,  or  if  the  evidence  fail  to 
sustain  said  petition,  or  if  the  board  deem  it  not  for  the  best  interest 
of  the  district  that  the  lands,  or  some  portion  thereof,  mentioned  in 
the  petition,  should  be  excluded  from  the  district,  the  board  shall  order 
that  said  petition  be  denied  as  to  such  lands;  but  if  the  said  board 
deem  it  for  the  best  interest  of  the  district  that  the  lands  mentioned  in 


CiVLIFOBNIA  IRRIGATION  DISTRICT  LAWS.  67 

the  petition,  or  some  portion  thereof,  be  excluded  from  the  district,  and 
if  no  person  interested  in  the  district  show  cause  in  writing  why  the 
said  lands  or  some  portion  thereof,  should  not  be  excluded  from  the 
district,  or  if,  having  shown  cause,  withdraws  the  same,  or  upon  the 
hearing  fails  to  establish  such  objections  as  he  may  have  made,  then  it 
shall  be  the  duty  of  the  board  to,  and  it  shall  forthwith,  make  an  order 
that  the  lands  mentioned  and  described  in  the  petition,  or  some  defined 
portion  thereof,  be  excluded  from  said  district;  provided,  that  it  shall 
be  the  duty  of  said  board  to  so  order,  upon  petition  therefor  as  afore- 
said, that  all  lands  so  petitioned  to  be  excluded  from  said  district  shall 
be  excluded  therefrom,  which  can  not  be  irrigated  from,  or  which  are 
not  susceptible  to,  irrigation  from  a  common  source  or  by  the  same 
system  of  works  with  the  other  lands  of  said  district,  or  from  the 
source  selected,  chosen,  or  provided,  or  the  system  adopted  for  the 
irrigation  of  the  lands  in  said  district,  or  which  are  already  irrigated, 
or  entitled  to  be  irrigated,  from  another  source  or  by  another  system 
of  irrigation  works ;  provided,  that  no  land  irrigated  by  means  of  water, 
pumped  from  an  underground  source  or  sources  shall  be  entitled  to 
exclui3ion  from  any  irrigation  district  on  account  of  being  so  irrigated, 
if  it  shall  be  shown  that  such  land  is  or  will  be  substantially  benefited  by 
subirrigation  from  the  works  of  said  district  or  by  drainage  works 
provided  or  required  by  law  to  be  provided  by  said  district,  but  no 
owner  of  land  in  any  irrigation  district  shall  be  required  to  pay  any 
assessment,  except  for  the  payment  of  interest  and  principal  due  on 
bonds  of  the  district,  on  any  land  in  such  district  which,  when  the 
district  was  organized,  was  irrigated  by  means  of  water  pumped  from 
an  underground  source  or  sources  and  has  continued  each  year  to  be 
irrigated  exclusively  by  such  means.     (Stats.  1915,  p.  836'.) 

Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324  ; 
Board  of  Directors  vs.  Tregea,  88  Cal.  334. 

Assent  of  bondholders;  release  from  lien. 

Sec.  79.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of 
the  filing  of  said  petition,  the  holders  of  such  outstanding  bonds  may 
give  their  assent,  in  writing,  to  the  effect  that  they  severally  consent 
that  the  lands  mentioned  in  the  petition,  or  such  portion  thereof  as 
may  be  excluded  from  said  district  by  order  of  said  board,  or  the 
decree  of  the  superior  court  as  hereinafter  provided,  may  be  excluded 
from  the  district;  and  if  said  lands,  or  any  portion  thereof,  be  thereafter 
excluded  from  the  district,  the  lands  so  excluded  shall  be  released  from 
the  lien  of  such  outstanding  bonds.  The  assent  must  be  acknowledged 
by  the  several  holders  of  such  bonds  in  the  same  manner  and  form  as 
is  required  in  case  of  a  conveyance  of  land,  and  the  acknowledgment 
shall  have  the  same  force  and  effect  as  evidence  as  the  acknowledgment 
of  such  conveyance.  The  assent  shall  be  filed  with  the  board,  and  must 
be  recorded  in  the  minutes  of  the  board :  and  said  minutes,  or  a  copy 
thereof,  certified  by  the  secretary'  of  said  board,  shall  be  admissible  in 
evidence,  with  the  same  effect  as  the  said  assent,  and  such  certified  copy 
thereof  may  be  recorded  in  the  office  of  the  county  recorder  of  the 
county  wherein  said  lands  are  situated. 


68  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Change  of  boundaries  to  be  recorded;  organization  not  affected. 

Sec.  80.  In  the  event  the  said  board  of  directors  shall  exclude  any 
lands  from  said  district  upon  petition  therefor,  it  shall  be  the  duty  of 
the  board  of  directors  to  make  an  entry  in  the  minutes  of  the  board, 
describing  the  boundarias  of  the  district,  should  the  exclusion  of  said 
lands  from  said  district  change  the  boundaries  of  said  district,  and  for 
that  purpose  the  board  may  cause  a  survey  to  be  made  of  such  portions 
of  the  district  as  the  board  may  deem  necessary ;  and  a  certified  copy  of 
the  entry  in  the  minutes  of  the  board  excluding  any  land,  certified  by 
the  president  and  secretary  of  the  board,  shall  be  filed  for  record  in  the 
recorder's  office  of  each  county  within  which  are  situated  any  of  the 
lands  of  the  district;  but  said  district,  notwithstanding  such  exclusion, 
shall  be  and  remain  an  irrigation  district  as  fully,  to  every  intent  and 
purpose,  as  it  would  be  had  no  change  been  made  in  the  boundaries  of 
the  district,  or  had  the  lands  excluded  therefrom  never  constituted  a 
portion  of  the  district. 

Office  of  director  of  excluded  division  declared  vacant. 

Sec,  81.  If  the  lands  excluded  from  any  district  under  this  act  shall 
embrace  the  greater  portion  of  any  division  or  divisions  of  such  dis- 
trict, then  the  office  of  director  for  such  division  or  divisions  shall 
become  and  be  vacant  at  the  expiration  of  ten  days  from  the  final 
order  of  the  board  excluding  said  lands;  and  such  vacancy  or  vacancies 
shall  be  filled  by  appointment  by  the  board  of  supervisors  of  the  county 
where  the  office  of  such  board  is  situated,  from  the  district  at  large. 
A  director  appointed  as  above  provided,  shall  hold  his  office  until  the 
next  regular  election  for  said  district,  and  until  his  successor  is  elected 
and  qualified. 

Division  of  district. 

Sec.  82.  At  least  thirty  days  before  the  next  general  election  of 
such  district,  the  board  of  directors  thereof  shall  make  an  order  dividing 
said  district  into  three  or  five  divisions,  as  the  case  may  require,  as 
nearly  equal  in  size  as  may  be  practicable,  which  shall  be  numbered  first, 
second,  third,  and  so  on,  and  one  director  shall  be  elected  by  each 
division.  For  the  purposes  of  elections  in  such  district,  the  said  board 
of  directors  must  establish  a  convenient  number  of  election  precincts, 
and  define  the  boundaries  thereof,  which  said  precincts  may  be  changed 
from  time  to  time,  as  the  board  of  directors  may  deem  necessary. 

Rights  of  guardian,  administrator  or  executor. 

Sec.  83.  A  guardian  and  executor,  or  an  administrator  of  an  estate, 
who  is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as 
such  guardian,  executor,  or  administrator,  is  entitled  to  the  possession 
of  the  lands  belonging  to  the  estate  which  he  represents,  may,  on 
behalf  of  his  ward,  or  the  estate  which  he  represents,  upon  being  thereto 
properly  authorized  by  the  proper  court,  sign  and  acknowledge  the 
petition  in  this  act  mentioned,  and  may  show  cause,  as  in  this  act 
provided,  why  the  boundaries  of  the  district  should  not  be  changed. 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  69 

Lands  excluded  not  released  from  liabilities  for  indebtedness. 

Sec.  84.  Nothing  in  this  act  provided  shall,  in  any  manner,  operate 
to  release  any  of  the  lands  so  excluded  from  the  district  from  any 
obligation  to  pay,  or  any  lien  thereon,  of  any  valid  outstanding  bonds 
or  other  indebtedness  of  said  district  at  the  time  of  the  filing  of  said 
petition  for  the  exclusion  of  said  lands,  but  upon  the  contrary,  said 
lands  shall  be  held  subject  to  .<?aid  lien,  and  answerable  and  chargeable 
for  and  with  the  payment  and  discharge  of  all  of  said  outstanding 
obligations  at  the  time  of  the  filing  of  the  petition  for  the  exclusion 
of  said  land,  as  fully  as  though  said  petition  for  such  exclusion  were 
never  filed  and  said  order  or  decree  of  exclusion  never  made:  and  for 
the  purpose  of  discharging  such  outstanding  indebtedness,  said  lands 
so  excluded  shall  be  deemed  and  considered  as  part  of  said  irrigation 
district  the  same  as  though  said  petition  for  its  exclusion  had  never 
been  filed  or  said  order  or  decree  of  exclusion  never  made;  and  all 
provisions  which  may  have  been  resorted  to  to  compel  the  payment  by 
said  lands  of  its  quota  or  portion  of  said  outstanding  obligations,  had 
said  exclusion  never  been  accomplished,  may,  notwithstanding  said 
exclusion,  be  resorted  to  to  compel  and  enforce  the  payment  on  the 
part  of  said  lands  of  its  quota  and  portion  of  .said  outstanding  obliga- 
tions of  said,  irrigation  district  for  which  it  is  liable,  as  herein  provided. 
But  said  land  so  excluded  shall  not  be  held  answerable  or  chargeable 
for  any  obligation  of  any  nature  or  kind  whatever,  incurred  after  the 
filing  with  the  board  of  directors  of  said  district  of  the  petition  for 
the  exclusion  of  said  lands  from  the  said  district;  provided,  that  the 
provisions  of  this  section  shall  not  apply  to  any  outstanding  bonds,  the 
holders  of  which  have  assented  to  the  exclusion  of  such  lands  from  said 
district,  as  hereinb<j^ore  provided. 

INCLUSION  OF  LANDS. 
Boundaries  may  be  changed  to  include  lands. 

Sec.  85.  The  boundaries  of  any  irrigation  district  now  organized  or 
hereafter  organized  under  the  provisions  of  this  act  may  be  changed  in 
the  manner  herein  prescribed;  but  such  change  of  the  boundarias  of 
the  district  shall  not  impair  or  affect  its  organization,  or  its  rights  in 
or  to  property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind  or 
nature;  nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation, 
lien,  or  charge  for  or  upon  which  it  was  or  might  become  liable  or 
chargeable,  had  such  change  of  its  boundaries  not  been  made. 

Procedure  for  inclusion  of  lands. 

Sec.  86.  The  holder  or  holders,  of  title,  or  evidence  of  title,  repre- 
senting one-half  or  more  of  any  body  of  lands  adjacent  to  the  boundary 
of  an  irrigation  district,  which  are  contiguous,  and  which,  taken 
together,  constitute  one  tract  of  land,  may  file  with  the  board  of  directors 
of  said  district  a  petition,  in  writing,  praying  that  the  boundaries  of 
said  district  may  be  so  changed  as  to  include  therein  said  lands.  The 
petition  shall  describe  the  boundaries  of  said  parcel  or  tract  of  land, 
and  shall  also  describe  the  boundaries  of  the  several  parcels  owned  by 


70  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

the  petitioners,  if  the  petitioners  be  the  owners,  respectively,  of  distinct 
parcels,  but  such  descriptions  need  not  be  more  particular  than  they 
are  required  to  be  when  such  lands  are  entered  by  the  county  assessor 
in  the  assessment  book.  Such  petition  must  contain  the  assent  of  the 
petitioners  to  the  inclusion  within  said  di.strict  of  the  parcels  or  tracts 
of  land  described  in  the  petition,  and  of  which  said  petition  alleges  they 
are,  respectively,  the  owners;  and  it  must  be  acknowledged  in  the  same 
manner  that  conveyances  of  land  are  required  to  be  acknowledged. 

Notice  of  filing  of  petition. 

Sec.  87.  The  secretary  of  the  board  of  directors  shall  cause  a  notice 
of  the  filing  of  such  petition  to  be  given  and  published  in  the  same  man- 
ner and  for  the  same  time  that  notices  of  special  elections  for  the  issue 
of  bonds  are  required  by  this  act  to  be  published.  The  notice  shall 
state  the  filing  of  such  petition  and  the  names  of  the  petitioners,  a 
description  of  the  lands  mentioned  in  said  petition,  and  the  prayer 
of  said  petition;  and  it  shall  notify  all  persons  interested  in,  or  that 
may  be  affected  by  such  change  of  the  boundaries  of  the  district,  to 
appear  at  the  office  of  said  board,  at  a  time  named  in  said  notice,  and 
show  cause  in  writing,  if  any  they  have,  why  the  change  in  the  bound- 
aries of  said  district,  as  proposed  in  said  petition,  .should  not  be  made. 
The  time  to  be  specified  in  the  notice  at  which  they  shall  be  required 
to  show  cause  shall  be  the  regular  meeting  of  the  board  next  after  the 
expiration  of  the  time  for  the  publication  of  the  notice.  The  petitioners 
shall  advance  to  the  secretary  sufficient  money  to  pay  the  estimated 
costs  of  all  proceedings  under  this  act. 

Hearing  of  petition. 

Sec.  88.  The  board  of  directors,  at  the  time  and  place  mentioned  in 
the  said  notice,  or  at  such  other  time  or  times  to  which  the  hearing  of 
said  petition  may  be  adjourned,  shall  proceed  to  hear  the  petition, 
and  all  the  objections  thereto,  presented  in  writing  by  any  person 
showing  cause  as  aforesaid  why  said  proposed  change  of  the  boundaries 
of  the  district  should  not  be  made.  The  failure  by  any  person  inter- 
ested in  said  district,  or  in  the  matter  of  the  proposed  change  of  its 
boundaries,  to  show  cause,  in  writing,  as  aforesaid,  shall  be  deemed 
and  taken  as  an  assent  on  his  part  to  a  change  of  the  boundaries  of  the- 
district  as  prayed  for  in  said  petition,  or  to  such  a  change  thereof  as 
will  include  a  part  of  said  lands.  And  the  filing  of  such  petition  with 
said  board,  as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  on  the 
part  of  each  and  all  of  such  petitioners  to  such  a  change  of  said 
boundaries  that  they  may  include  the  whole  or  any  portion  of  the 
lands  described  in  said  petition. 

Condition  precedent. 

Sec.  89.  The  board  of  directors  to  whom  such  petition  is  presented, 
may  require,  as  a  condition  precedent  to  the  granting  of  the  same,  that 
the  petitioners  shall  severally  pay  to  such  district  such  respective  sums, 
as  nearly  as  the  same  can  be  estimated  (the  several  amounts  to  be 
determined  by  the  board),  as  said  petitioners  or  their  grantors  would 
have  been  required  to  pay  to  such  district  as  assessments,  had  such 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  71 

lands  been  included  in  such  district  at  the  time  the  same  was  originally 
formed. 

Nile  Irr.  Dist.  vs.  G.  S.  Co.,  248  Fed.  861. 

Change  in  boundaries. 

Sec.  90.  If  the  board  of  directors  deem  it  for  the  best  interest  of  the 
district  that  the  boundaries  of  said  district  be  changed  and  if  no  person 
interested  in  said  district  or  the  proposed  change  of  its  boundaries  shows 
cause,  in  writing,  why  the  proposed  change  should  not  be  made,  or,  having 
shown  cause,  withdraws  the  same,  the  board  may  order  that  the  bound- 
aries of  the  district  be  so  changed  as  to  include  therein  the  lands  men- 
tioned in  said  petition  or  some  part  thereof.  The  order  shall  describe 
the  boundarias  as  changed  and  shall  also  describe  the  entire  boundaries 
of  the  district  as  they  will  be  after  the  change  thereof  as  aforesaid  is 
made ;  and  for  that  purpose  the  board  may  cause  a  survey  to  be  made 
of  such  portions  of  such  boundary  as  is  deemed  necessary;  provided, 
however,  that  any  public  land  of  the  United  States  of  America  adjoin- 
ing the  boundaries  of  any  irrigation  district  may  be  included  within  the 
boundaries  of  any  such  irrigation  district  by  order  or  resolution  of  the 
board  of  directors  of  such  district  without  any  petition  being  filed  asking 
for  such  inclusion;  and  provided,  further,  that  when  additional  land  is 
included  within  any  irrigation  district  and  the  l)oard  of  directors  of 
such  district  finds  either  that  such  inclusion  without  condition  would 
work  an  injury  to  the  land  already  in  the  district  either  by  an  impair- 
ment of  water  right  or  by  requiring  a  greater  expense  for  furnishing 
water  to  the  lands  proposed  to  be  included,  the  board  may  prescribe 
conditions  upon  such  inclusion  of  land,  either  by  providing  for  priority 
of  right  to  water  or  for  the  payment  of  an  additional  annual  charge 
or  such  cTther  conditions  as  may  to  the  board  seem  just.  If  such 
inclusion  is  upon  petition  of  property  owners  all  such  property  owners 
must  sign  and  acknowledge  an  agreement  with  the  di.strict,  specifying 
such  conditions  and  describing  the  land  so  to  be  included.  Such  agree- 
ment must  l>e  recorded  in  the  office  of  the  county  recorder  of  the 
county  in  which  .such  lands  are  situated,  together  with  a  certified  copy 
of  the  order  including  such  lands,  and  thereupon  such  lands  shall 
become  a  part  of  such  irrigation  district  subject  to  such  conditions. 
(Stats.  1915,  p.  1370.) 

Resolution  describing  boundaries. 

Sec.  91.  If  any  person  interested  in  said  district  or  the  proposed 
change  of  its  boundaries  shall  show  cause  as  aforesaid  why  such 
boundaries  should  not  be  changed  and  shall  not  withdraw  the  same  or 
if  the  board  of  directors  deem  it  not  for  the  best  interests  of  the  dis- 
trict that  the  boundaries  thereof  be  changed  so  as  to  include  therein 
the  lands  mentioned  in  the  petition  or  some  part  thereof,  the  board 
shall  adopt  a  resolution  to  that  effect.  The  resolution  shall  describe 
the  exterior  boundaries  of  the  land  which  will  be  included  within  the 
boundaries  of  the  district  when  changed,  but  before  calling  the  election 
provided  for  in  the  next  .seetion,  the  board  may  require  an  undertaking, 
with  sufficient  sureties,  from  the  petitioners  that  they  will  pay  all  of 
the  cost  of  holding  such  election  for  the  inclusion  of  such  lands  in  case 
such  inclusion  should  be  denied.     (Stats.  1915,  p.  1371.) 


72  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

Notice  of  election;  ballots. 

Sec.  92.  Upon  the  adoption  of  the  resolution  mentioned  in  the  la.st 
preceding  section,  the  board  shall  order  that  an  election  he  held  within 
said  district,  to  determine  whether  the  boundaries  of  the  district  shall 
be  changed  as  mentioned  in  said  resolution ;  and  shall  fix  the  time  at 
which  such  election  shall  be  held,  and  cause  notice  thereof  to  be  given 
and  published.  Such  notice  shall  be  given  and  published,  and 
such  election  shall  be  held  and  conducted,  the  returns  thereof 
shall  be  made  and  canvassed,  and  the  result  of  the  election 
ascertained  and  declared,  and  all  things  pertaining  thereto  conducted 
in  the  manner  prescribed  by  said  act  in  case  of  a  special  election 
to  determine  whether  bonds  of  an  irrigation  district  shall  be 
issued.  The  ballots  cast  at  .said  election  shall  contain  the  words  "For 
change  of  boundary,"  or  "Against  change  of  boundary,"  or  words 
equivalent  thereto.  The  notice  of  election  shall  describe  the  proposed 
change  of  the  boundaries  in  such  manner  and  terms  that  it  can  readily 
be  traced. 

Majority  vote  to  decide  election. 

Sec.  93.  If  at  such  election  a  majority  of  all  the  votes  cast  at  said 
election  shall  be  against  such  change  of  the  boundaries  of  the  district, 
the  board  shall  order  that  said  petition  be  denied,  and  shall  proceed 
no  further  in  that  matter.  But  if  a  majority  of  such  votes  be  in  favor 
of  such  change  of  the  boundaries  of  the  district,  the  board  shall  there- 
upon order  that  the  boundaries  be  changed  in  accordance  with  said  reso- 
lution adopted  by  the  board.  The  said  order  shall  describe  the  entire 
boundaries  of  said  district,  and  for  that  purpose  the  board  may  cause  a 
survey  of  such  portions  thereof  to  be  made  as  the  board  may  deem 
necessary. 

Order  of  board  to  be  recorded. 

Sec.  94.  Upon  a  change  of  the  boundaries  of  a  district  being  made, 
a  copy  of  the  order  of  the  board  of  directors  ordering  such  change, 
certified  by  the  president  and  secretary  of  the  board,  shall  be  filed  for 
record  in  the  recorder's  office  of  each  county  within  which  are  situated 
any  of  the  lands  of  the  district,  and  thereupon  the  district  shall  be 
and  remain  an  irrigation  district,  as  fully,  and  to  every  intent  and 
purpose,  as  if  the  lands  which  are  included  in  the  district  by  the  change 
of  the  boundaries,  as  aforesaid,  had  been  included  therein  at  the 
original  organization  of  the  district. 

Recording  petition  in  minutes. 

Sec.  95.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last 
preceding  section  mentioned,  the  secretary  shall  record  in  the  minutes 
of  the  board  the  petition  aforesaid ;  and  the  said  minutes,  or  a  certified 
copy  thereof,  shall  be  admissible  in  evidence,  with  the  same  effect  as  the 
petition. 

Rights  of  guardians,  executors  and  administrators. 

Sec.  96.  A  guardian,  an  executor,  or  an  administrator  of  an  estate, 
who  is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  73 

such  guardian,  executor,  or  administrator,  is  entitled  to  the  possession 
of  the  lands  belonging  to  the  astate  which  he  represents,  may,  on 
behalf  of  his  ward,  or  the  estate  which  he  represents,  upon  being  there- 
unto authorized  by  the  proper  court,  sign  and  acknowledge  the  petition 
in  this  act  mentioned,  and  may  show  cause,  as  in  this  act  mentioned, 
why  the  boundaries  of  the  district  should  not  be  changed. 

Redivision  of  district. 

Sec.  97.  In  case  of  the  inclusion  of  any  land  within  any  district  by 
proceedings  under  this  act,  the  board  of  directors  mast,  at  lea.st  thirty 
da^'s  prior  to  the  next  succeeding  general  election,  make  an  order 
redividing  such  district  into  three  or  five  divisions,  as  the  case  may 
require,  as  nearly  equal  the  size  as  may  be  practicable,  which  shall  be 
numbered  first,  second,  third,  and  so  on,  and  one  director  shall  there- 
after be  elected  by  each  division.  For  the  purposes  of  elections,  the 
board  of  directors  must  establish  a  convenient  number  of  election  pre- 
cincts in  said  districts,  and  define  the  boundaries  thereof,  which  said 
precincts  may  be  changed  from  time  to  time,  as  the  board  may  deem 
necessary. 

REDUCTION  OF  BONDED  INDEBTEDNESS. 
Election  on  question  of  reducing  bonded  indebtedness. 

Sec.  98.  Whenever  the  board  of  directors  of  an  irrigation  district 
heretofore  organized,  or  hereafter  organized  under  the  provisions  of 
this  act,  shall  determine  that  the  authorized  bonded  indebtedness  of 
such  irrigation  district  is  greater  than  such  district  is  liable  to  need 
to  complete  its  system  as  planned,  and  there  be  no  outstanding  bonds, 
the  board*  of  directors  may  call  a  special  election  for  the  purpose  of 
voting  upon  a  proposition  to  reduce  such  bonded  indebtedness  to  such 
sum  as  the  board  may  determine  to  be  sufficient  for  such  purpose. 

Notice  of  election;  ballots. 

Sec.  99.  Notice  of  the  said  election  shall  be  given  in  the  .same  manner 
as  provided  in  section  thirty  of  said  act,  in  relation  to  calling  special 
elections  for  issuance  of  bonds.  The  notice  of  election  must  state  the 
amount  of  the  authorized  bonded  indebtedness  of  such  district,  and  the 
amount  to  which  it  is  proposed  to  reduce  the  same;  also,  the  date  on 
which  said  election  will  be  held,  and  the  polling  places,  as  established, 
by  said  board  of  directors.  The  ballots  cast  at  said  election  shall  con- 
tain the  words  "For  reducing  bonds— Yes,"  or  "For  reducing  bonds — 
No."  When  the  vote  is  canvassed  by  the  board  of  directors  and  entered 
of  record,  if  a  majority  of  the  votas  cast  shall  be  "For  reducing  bonds — 
Yes,"  then  in  that  event  the  board  of  directors  shall  only  be  empowered 
to  issue  or  sell  such  amount  of  bonds  as  was  stipulated  in  the  said 
notice  of  such  special  election ;  but  if  a  majority  of  said  votes  are  not 
"For  reducing  bond.s — Yes,"  then  the  autliority  to  Issue  bonds  shall 
remain  the  same  as  before  said  special  election  was  held. 

Assent  of  bondholders. 

Sec.  99^.  In  case  there  be  outstanding  bonds  of  any  district  desiring 
to  take  advantage  of  the  provisions  of  this  act  concerning  reduction  of 


74  CALIFORNIA  IRRIGATION   DISTRICT   LAWS. 

bonded  indebtedness,  the  assent  of  such  bondholders  may  be  obtained 
to  such  reduction  of  the  bonded  indebtedness,  in  the  same  manner  as 
provided  in  section  seventy-nine  of  this  act.  If  such  assent  is  obtained 
in  the  manner  therein  provided,  then,  and  in  that  event,  such  district 
shall  be  empowered  to  take  advantage  of  all  the  provisions  of  this  act,  but 
not  otherwise.  No  reduction  of  the  bonded  indebtedness,  as  in  this  act 
provided,  shall  in  any  manner  affect  any  order  of  court  that  may  have 
been  made,  adjudicating  and  confirming  the  validity  of  said  bonds. 

LEASE  OF  WATER. 

Authority  of  board  to  lease. 

Sec.  100.  Whenever  any  irrigation  district,  heretofore  organized,  or 
hereafter  organized  under  the  provisions  of  this  act,  in  the  development 
of  its  works  as  by  law  provided,  may  have  opportunity,  without 
increased  expenditure,  to  utilize  the  water  by  it  owned  or  controlled, 
for  mechanical  purposes  not  inconsistent  with  the  provisions  of  said 
act,  the  board  of  directors  may  lease  the  same,  as  in  this  act  hereinafter 
provided. 

Manner  of  procedure. 

Sec.  101.  Whenever  the  board  of  directors  may  desire  to  lease  the 
use  of  water,  as  hereinbefore  stated,  they  shall  pass  a  resolution  of 
intention  to  so  lease  the  same.  Immediately  thereafter  the  secretary 
shall  cause  notice  of  such  intention  to  be  given  by  publication  in  one 
newspaper  published  in  each  county  in  which  lands  of  the  district  are 
situated,  for  at  least  twenty  days  (provided,  a  newspaper  is  published 
therein,  otherwise  in  any  newspaper  the  board  of  directors  may  select), 
and,  if  the  board  thinks  proper  in  such  other  newspapers  as  may  be 
deemed  advisable,  calling  for  bids  for  the  leasing  of  said  water  for  the 
purposes  hereinbefore  mentioned.  Said  notice  shall  state  that  the  board 
will  receive  sealed  proposals  therefor,  that  the  lease  will  be  let  to  the 
highest  responsible  bidder,  stating  the  time  and  place  of  opening  said 
propasals. 

Opening  proposals. 

Sec.  102.  At  the  time  and  place  appointed  the  board  shall  proceed 
to  open  the  proposals  in  public.  As  soon  thereafter  as  may  be  con- 
venient the  board  shall  let  said  lease  in  portions,  or  as  a  whole,  to  the 
highest  responsible  bidder,  or  they  may  reject  any  or  all  bids,  and 
readvertise  for  proposals  for  the  same. 

Rentals.  > 

Sec.  103.  The  rental  accruing  upon  said  lease  may  vary  from  year 
to  year,  as  shall  be  specified  in  said  lease,  and  shall  be  payable  semi- 
annually, on  the  thirtieth  day  of  December  and  thirtieth  day  of  June 
of  each  year.  All  moneys  collected,  as  in  this  act  provided,  shall  be 
paid  into  the  treasury,  and  be  apportioned  to  such  funds  as  may  be 
deemed  advisable. 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  _      75 

Length  of  lease;  forfeiture. 

Sec.  104.  The  board  shall  have  power,  as  in  this  act  provided,  to 
execute  a  lease  for  any  period  not  exceeding  twenty-five  years.  If  at 
any  time  the  rental  shall  not  be  paid  on  the  days  hereinbefore  mentioned, 
the  amount  of  such  rental  then  due  shall  be  doubled,  and  if  not  paid 
within  ninety  days  thereafter,  the  said  lease  shall  be  forfeited  to  said 
district,  together  with  any  and  all  works  constructed,  owned,  used,  or 
controlled  by  said  lessee. 

Bond  of  lessee. 

Sec.  105.  Upon  the  letting  of  any  lease,  as  in  this  act  provided,  the 
board  may  require  the  lessee  to  execute  a  bond  for  the  faithful  per- 
formance of  the  covenants  of  said  lease,  or  give  such  other  evidence 
of  good  faith  as  in  their  judgment  may  be  necessary. 

DESTRUCTION  OF  UNSOLD  BONDS. 
Election  on  question  of  destroying  unsold  bonds. 

Sec.  106.  Whenever  there  remains  in  the  hands  of  the  board  of 
directors  of  any  irrigation  district  heretofore  organized,  or  organized 
under  the  provisions  of  this  act,  after  the  completion  of  its  ditch  system, 
and  the  payment  of  all  demands  against  such  district,  any  bonds  voted 
to  be  issued  by  said  district,  but  not  sold,  and  not  neeassary  to  be  sold 
for  the  raising  of  funds  for  the  use  of  such  district,  said  board  of 
directors  may  call  a  special  election  for  the  purpose  of  voting  upon  a 
proposition  to  destroy  said  unsold  bonds,  or  so  many  of  them  as  may  be 
deemed  best,  or  may  submit  such  proposition  at  a  general  election. 

Notice  of  election;  ballots. 

Sec.  107.  Such  election  shall  be  held  in  the  same  manner  as  other 
elections  held  under  the  provisions  of  this  act.  A  notice  of  such  election 
shall  be  given  in  the  same  manner  as  provided  in  section  thirty  of  this 
act  in  relation  to  calling  special  elections  for  the  issuance  of  bonds. 
The  notice  of  election  must  state  the  amount  of  the  bonded  indebtedness 
of  such  district  authorized  by  the  vote  of  the  district,  the  amount  of 
the  bonds  remaining  unsold,  and  the  amount  proposed  to  be  destroyed, 
and  the  date  on  which  .such  election  is  proposed  to  be  held,  and  the 
polling  places  as  fixed  by  the  board  of  directors.  The  ballots  to  be  cast 
at  such  election  shall  contain  the  words  *'For  destroying  bonds — Yes," 
and  "For  destroying  bonds — No,"  and  the  voter  must  erase  the  word 
"No"  in  case  he  favors  the  destruction  of  bonds,  otherwise  the  word 
"Yes." 

Two-thirds  majority  required. 

Sec.  108.  "When  the  vote  is  canvassed  by  the  board  of  directors  and 
entered  of  record,  if  a  two-thirds  majority  of  the  votes  cast  should  be 
found  to  be  in  favor  of  the  destruction  of  said  bonds,  then  the  president 
of  the  board,  in  the  presence  of  a  majority  of  the  members  of  the  board, 
must  destroy  the  bonds  so  vot^d  to  be  destroyed ;  and  the  total  amount 


76  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

of  bonds  so  destroyed  aud  canceled  shall  be  deducted  from  the  sum 
authorized  to  be  issued  by  the  electors  of  said  district,  and  no  part 
thereof  shall  thereafter  be  reprinted  or  reissued. 

SAVING  CLAUSES. 
Existing  districts  and  existing  rights  not  affected. 

Sec.  109.  Nothing  in  this  act  shall  be  so  construed  as  to  affect  the 
validity  of  any  di.strict  heretofore  organized  under  the  laws  of  this 
state,  or  its  rights  in  or  to  property,  or  any  of  its  rights  or  privileges 
of  whatsoever  kind  or  nature;  but  said  districts  are  hereby  made 
subject  to  the  provisions  of  this  act  so  far  as  applicable;  nor  shall  it 
affect,  impair,  or  discharge  any  contract,  obligation,  lien,  or  charge  for, 
or  upon  which  it  was  or  might  become  liable  or  chargeable  had  not  this 
act  been  passed;  nor  shall  it  affect  the  validity  of  any  bonds  which 
liave  been  issued  but  not  sold ;  nor  shall  it  affect  any  action  which  now 
may  be  pending. 

Tulare  Irr.  Dist.  vs.  Collins,  154  Cal.  440-2  ; 

Board  of  Supci'visors  vs.  Thompson,  122  Fed.  860-2. 

Effect  on  prior  acts. 

Sec.  110.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in 
any  wise  modifying  the  provisions  of  any  other  act  relating  to  the 
subject  of  irrigation  or  water  commissionens,  except  such  as  may  be 
contained  in  the  act,  an  act  entitled  an  act  to  provide  for  the  organiza- 
tion and  government  of  irrigation  districts,  and  to  provide  for  the 
acquisition  of  water  and  other  property,  and  for  the  distribution 
of  water  thereby  for  irrigation  purposes,  approved  March  seventh, 
eighteen  hundred  and  eighty-seven,  and  the  subsequent  acts  supple- 
mentary thereto,  and  amendatory  thereof,  all  of  which  acts,  so  far  as 
they  may  be  inconsistent  herewith,  are  hereby  repealed. 

Time  of  taking  effect.     . 

Sec.  111.  This  act  .shall  take  effect  from  and  after  its  passage  and 
approval. 

Title  of  act. 

Sec.  112.     This  act  may  be  referred  to  in  any  action,  proceeding 
or  legislative  enactment  as  "the  California  irrigation  district  act."' 
(Stats.  1919,  p.  669.) 

ConstltutlonaUty : 

Act  is  constitutional. 

Turlock  Irrigation  District  vs.  Williajns,  76  Cal.  360  ; 

Board  of  Directors  vs.  Tregea,  S8  Cal.  334  ; 

In  re  Madera  Irrigation  District,  92  Cal.  296  ; 

In  re  Central  Irrigation  District,  117  Cal.  382  ; 

Matter  of  Bonds  of  South  San  Joaquin  Irrigation  District,  161  Cal.  345  ; 

Fallbrook  Irrigation  District  vs.  Bradley,  164  U.  S.  112,  41  I^.  Ed.  369. 

Public  corporation : 

Irrigation  district  is  public  corporation. 

Ttirlock  Irrigation  District  vs.  Williama^  76  Cal.  360  ; 

Central  Irrigation  District  vs.  De  Lappe,  79  Cal.  351  ; 

Crall  vs.  Poso  Irrigation  District,  87  Cal.  140  ; 

In  re  Madera  Irrigation  District,  92  Cal.  296  ; 

People  vs.  Selma  Irrigation  District,  98  Cal.  206  ; 

People  vs.  Turnbull,  93  Cal.  630  ; 

Tulare  Irrigation  District  vs.  Collins,  154  Cal.  440. 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  77 

Validity  of  organization: 

May  not  be  questioned  by  private  party. 

Miller  vs.  Perris  Irrigation  District,  85  Fed.  693. 

Can  not  be  attaclced  collaterally. 
Quint  vs.  Hoffman,  103  Cal.  506  ; 

Knowles  vs.  New  Sweden  Irrigation  District  (Idaho),  101  Pac.  81 ; 
Quinton  vs.  Equitable  Investment  Company,  196  Fed.  314. 

District  may  not  plead  the  illegality  of  its  own  organization  to  defeat  payment 
of  bonds. 

Herring  vs.  Modesto  Irrigation  District,  95  Fed.  705  ; 
Tulare  Irrigation  District  vs.  Shepard,  185  U.  S.  1. 

Construction  of  act : 

Act  should  be  so  construed  as  to  effectuate  its  purpose  to  facilitate  the  eco- 
nomic and  permanent  reclamation  of  arid  lands. 
Jenniaon  vs.  Redfield,  149  Cal.  500; 

Nampa  and  Meridian  Irrigation  District  vs.  Petrie  (Idaho),  153  Pac.  425  ; 
Colburn  vs.  Wilson  et  al.  (Idaho),  132  Pac.  579. 


SUPPLEMENTARY  LEGISLATION. 

Note. — The  following  acts  supplement  expressly  the  California  Irri- 
gation District  Act.  Supplementary  acts  relating  generally  to  irriga- 
tion districts  are  listed  under  Part  VI,  Miscellaneous,  pages  168-176 
hereof. 

PAYMENT  OF  ASSESSMENTS  IN  TWO  INSTALLMENTS. 

An  act  to  permit  hoards  of  directors  &r  irrigation  districts  organized  or 
existing  under  and  by  virtue  of  an  act  of  the  legislature,  entitled 
''An  act  to  provide  for  the  orgmiization  and  government  of  irriga- 
tion districts,  and  to  provide  for  the  acquisition  or  construction 
thereby  ^f  works  for  the  irrigation  of  the  lands  embraced  within 
such  districts,  and  also  to  provide  for  the  distribution  of  water  for 
irrigation  purposes,"  approved  March  31,  1897 ;  to  provide  for  the 
payment  in  two  installments  of  the  assessments  levied  under  and  in 
accordance  with  the  provisions  of  said  act. 

(Approved  March  19,  1909,  Stats.  1909,  p.  415.) 

Payment  of  assessments  in  two  installments. 

Section  1.  It  shall  be  lawful  for  boards  of  directors  of  irrigation 
districts,  organized  or  existing  under  or  by  virtue  of  an  act  of  the  legis- 
lature, entitled  "An  act  to  provide  for  the  organization  and  govern- 
ment of  irrigation  districts,  and  to  provide  for  the  ac(iuisition  or  con- 
struction thereby  of  works  for  the  irrigation  of  lands  embraced  within 
such  districts  and  also,  to  provide  for  the  distribution  of  w'ater  for 
irrigation  purposes";  approved  March  31,  1897;  to  provide  for  the 
payment  of  assessments  levied  in  accordance  with  the  provision  of 
said  act,  in  two  installments. 

Resolution  by  directors. 

Sec.  2.  The  directors  of  any  such  irrigation  district  may,  whenever 
they  shall  so  determine,  and  must  upon  a  petition  in  writing,  signed 
by  a  majority  of  the  assessment'  payers  within  such  district,  pass  a 
resolution  providing  that  thereafter  all  assessments,  except  special  assess- 
ments provided  for  by  section  thirty-four  of  said  act  of  1897,  shall  be 


78  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

payable  in  two  installments,  and  in  said  resolution  shall  specify  when 
such  payments  may  be  made. 

Time  of  passing  or  rescinding  resolution. 

Sec.  3.  Such  resolution  must  be  pa.s.sed  before  the  first  Monday  in 
August,  and  can  not  be  rescinded  to  take  effect  during  any  year  after 
the  first  Monday  of  March  in  that  year. 

When  assessments  become  delinquent. 

Sec.  4.  Whenever  the  board  of  directors  of  such  irrigation  district 
shall  have  so  determined,  thereafter  one-half  of  the  assessments  levied 
within  .such  district  shall  become  delinquent  at  six  o'clock  p.m.  on  the 
last  Monday  of  December,  and  one-half  thereof  .shall  become  delinquent 
at  six  p.m.  on  the  last  Monday  of  June  next  thereafter ;  provided,  that 
where  an  assessment  has  been  levied  as  provided  in  section  34  of  said 
act  the  whole  of  such  assessment  shall  become  delinquent  on  the  la.st 
Monday  in  December. 

Eifect  of  act. 

Sec.  5.  "When  provision  is  made,  as  herein  provided,  for  the  payment 
of  said  assessments  in  two  in.stallments,  the  publication  of  the  delinquent 
list  provided  for  in  .said  act,  .shall  not  be  made  before  the  finst  day  of 
July,  but  must  be  made  on  or  before  the  first  day  of  August,  and  except 
as  otherwise  herein  provided  all  of  the  provisions  of  said  irrigation  act 
or  acts  not  inconsistent  with  this  act  relative  to  the  assessment,  pay- 
ment and  collection  of  assessments,  notice  of  assessments,  publication 
of  delinquent  list,  and  sale  for  delinquent  assessment,  and  all  other 
provisions  relative  to  such  assessments  shall  be  applicable,  and  the  only 
effect  of  this  act  shall  be  to  permit  the  payment  of  .such  assessments  in 
two  installments,  and  to  postpone  the  notice  of  sale  and  sale  provided 
for  in  said  act  until  after  the  first  day  of  July,  and  when  sale  is  made 
at  the  time  herein  specified  it  shall  have  the  same  effect  as  though  made 
at  the  time  and  in  the  manner  specified  in  said  act  of  1897. 

REFUNDING  BONDED   INDEBTEDNESS. 

An  act  to  authorize  irngatioyi  districts  to  refund  outstanding  bonded 

indebtedness.^ 

(Approved  May  25,  1919,  Stats.   1919,  p.   1004.) 

Election  on  question  of  refunding  indebtedness. 

Section  1.  'rtie  board  of  directors  of  any  irrigation  district  organ- 
ized or  existing  under  or  subject  to  the  provisions  of  the  California 
irrigation  district  act  approved  March  31,  1897,  as  amended,  providing 
for  the  organization  and  government  of  irrigation  districts,  that  has 
an  outstanding  indebtedness  evidenced  by  bonds  lawfully  issued  prior 

'See  also  "An  act  to  provide  for  the  issue  and  sale  or  exchange  of  funding  bonds 
of  Irrigation  districts  organized  under  and  in  pursuance  of  an  act  of  the  legislature  of 
the  State  of  California  entitled  'An  act  to  provide  for  the  organization  and  government 
of  Irrigation  districts,  and  to  provide  for  the  acquisition  of  water  and  other  property, 
and  for  the  distribution  of  water  thereby  for  irrigation  purposes,'  approved  March  7, 
1887,  to  provide  for  the  payment  of  such  bonds,  and  for  proceedings  to  test  the  validity 
of  the  same,"  approved  April  1,  1897,  Stata.  1897,  p.  394;  amended  Stats,  lyul,  p.  0H. 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  79 

to  January  1,  1913,  may,  by  a  majority  vote  of  the  members  of  the 
board,  submit  to  the  electors  of  the  irrigation  district  at  any  election 
the  proposition  of  the  issuance  of  new  bonds  for  the  purpose  of  refund- 
ing the  bonds  outstanding,  as  the  same  become  due.  Such  election 
shall  be  held,  and  the  vote  thereon  shall  be  the  same  as  provided  by  the 
California  irrigation  district  act  for  the  issuance  of  other  irrigation 
district  bonds;  provided,  no  petition  therefor  need  be  circulated  or 
signed ;  and  provided,  further,  that  a  majority  of  the  votes  of  those  vot- 
ing on  said  proposition  shall  be  sufficient  to  carry  the  same.  Such 
bonds  shall  bear  interest  at  a  rate  the  same  as  or  lower  than  the  bonds 
to  be  refunded  and  no  refunding  bond  shall  have  a  later  date  of 
maturity  than  twenty  years  from  the  date  of  its  issue. 

Form  of  refunding  bonds. 

Sec.  2.  The  refunding  bonds  shall  be  issued  in  substantially  the 
manner  and  in  the  form  required  by  law  for  the  issuance  of  other  bonds 
of  the  district.  These  bonds  may  be  sold  from  time  to  time  in  the  same 
manner  as  other  bonds  of  the  district,  or,  if  the  directors  of  the  district 
and  the  holders  of  any  of  the  bonds  reaching  maturity  so  elect,  they 
may  be  exchanged  in  payment  of  the  bonds  so  maturing  as  such  bonds 
mature. 

Assessment  to  pay  interest  and  principal. 

Sec.  3.  The  board  of  directors  shall  cause  to  be  assessed  and  levied 
each  year  upon  the  assessable  property  in  the  district,  in  addition  to  the 
levy  authorized  for  other  purposes,  a  sufficient  sum  to  pay  the  interest 
on  or  any  principal  of  such  refunding  bonds  in  the  same  manner  as  is 
provided  in#the  California  irrigation  district  act  in  the  case  of  other 
bonds. 

DEVELOPMENT  OF  ELECTRICAL  POWER. 

An  act  to  provide  for  the  development  of  electrical  power  hjj  irrigation 

districts. 

(Approved  May  21.  1919,  Stats.  1919,  p.  77S.) 

Irrigation  district  may  develop  power. 

Section  1.  Any  irrigation  district  heretofore  organized  or  hereafter 
to  be  organized  under  the  laws  relating  to  such  district  may  provide 
for  the  construction,  operation,  leasing  and  control  of  plants  for  the 
generation,  distribution,  sale,  and  lease  of  electrical  energy,  including 
sale  to  municipalities,  corporations,  public  utility  districts,  or  indi- 
viduals, of  electrical  power  so  generated ;  and  said  district,  subject  how- 
ever to  the  conditions  in  this  section  contained,  may  make  special 
appropriations  of  water  for  power  purposes,  as  required  by  law;  pro- 
vided, however,  that  any  use  of  water  for  generating  such  electrical 
power  or  energy  at  any  given  time  of  the  year,  which  use  is  in  excess 
of  the  water  appropriated  and  beneficially  used  for  irrigation  purposes 
by  such  district  at  said  period  of  the  year,  shall  be  subject  to  all  prior 
existing  appropriations  by  any  municipal  corporation,  who  or  which  is 

6—48601 


80  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

proceeding  in  good  faith  in  the  expenditure  of  money  and  the  construc- 
tion of  works  designed  to  divert  the  water  appropriated;  and  the  officers, 
agents,  and  employees  of  such  districts  shall  have  the  same  powers, 
duties  and  liabilities  respecting  such  power  and  the  construction,  repair, 
maintenance,  management,  and  control  thereof  as  they  now  have  or 
may  hereafter  have  respecting  such  irrigation  or  such  irrigation  dis- 
tricts. The  California  irrigation  district  act  shall  be  so  construed, 
applied  and  enforced  as  to  apply  to  such  power  as  well  as  such  irrigation. 

Powers  of  board  and  officers. 

Sec.  2.  The  board  of  directors  of  any  irrigation  district  and  its 
officers,  agents,  and  employees,  shall  do  all  necessary  and  proper  acts 
for  the  construction,  repair,  maintenance,  and  management  of  such 
electrical  power  works  for  such  purposes. 

Issue  of  bonds. 

Sec.  3.  In  case  funds  are  not  otherwise  available  the  irrigation  dis- 
trict may  issue  bonds  for  such  purpose  and  all  of  the  provisions  of  the 
California  irrigation  district  act,  relating  to  the  issuance  of  bonds  for 
other  purposes  in  so  far  as  the  same  are  applicable  to  said  bonds  shall 
apply. 

Repeal. 

Sec.  4.  All  acts  or  parts  of  acts  in  conflict  Avith  any  of  the  provisions 
of  this  act  are  hereby  repealed. 

DISSOLUTION  OF  DISTRICT. 

An  act  to  provide  for  the  dissolution  of  irrigation  districts,  tlie  ascer- 
tainment and  discharge  of  their  indehtedness,  and  the  distribution  of 
their  property. 

(Approved  February  10,  1903,  Stats;  1903,  p.  3.     Amended  1909,  p.  139;  1911,  extra 
session,  p.   118;   1913,  p.   39;   1915,  p.   859.) 

(An  alternative  method  for  the  dissolution  of  a  district,  relating 
generally  to  all  districts,  was  provided  by  Stats.  1919,  p.  751.) 

CO-OPERATION  WITH  DISTRICTS  IN  ADJOINING  STATES. 

An  act  to  provide  for  co-operation  in  acquisition,  construction  and 
management  of  irrigation  and  drainage  works  between  irrigation 
districts  organized  or  existing  under  or  by  virtue  of  an  act  entitled 
"An  act  to  provide  for  organization  and  government  of  irrigation 
districts  and  to  provide  for  the  acquisition  tliereby  of  works  for  the 
irrigation  of  the  lands  embraced  witJmi  such  districts,  and  also  to 
provide  for  the  distribution  of  water  for  irrigation  purposes," 
approved  March  31,  1897,  and  contiguous  or  adjoining  districts  in 
or  organized  under  the  laws  of  other  states. 

(Approved  May  23,  1917,  Stats.  1917,  p.  905.) 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  81 


CO-OPERATION  WITH  UNITED  STATES  GOVERNMENT. 

An  act  to  authorize  irrigation  districts,  to  co-operate  and  contract  with 
the  United  States  under  the  provisions  of  the  federal  reclamation 
laws  for  a  water  supply,  or  the  construction,  operation  or  mainte- 
nance of  works,  including  drainage  works,  or  for  the  assumption  by 
the  district  of  indebtedness  to  the  United  States  on  account  of  district 
lands;  and  to  provide  the  manner  and  method  of  payments  to  the 
United  States  under  such  contract,  and  for  the  apportionment  of 
assessments,  and  levy  thereof,  upon  the  lands  of  the  district  to 
secure  revenue  for  such  payments,  and  to  provide  for  the  judicial 
review  and  determination  of  the  validity  of  the  proceedings  in  con- 
nection with  such  contract. 

(Approved  May  5.  1917,  Stats.  1917,  p.  243.) 

RELEASE  OF  CLAIMS  OF  BONDS  SURRENDERED  FOR 
CANCELLATION. 

An  act  to  provide,  for  tJte  release  of  all  claims  amd  liens  arising  from 
irrigation  district  bonds  and  interest  coupons  voluntarily  surren- 
dered for  ca/ncellation,  and  to  provide  for  the  establishment  of 
record  of  such  release. 

(Approved  May  1,  1911,  Stats.  191],  p.  1460.) 

VALIDATION  OF  BONDS  ISSUED. 

An  act  to  legalize  bonds  issued  and  to  be  issued  and  sold  by  irrigation 

districts. 

'         (Approved  May  26,  1915,  Stats.  1915,  p.  837.) 

Section  1.  In  all  cases  subsequent  to  January  1,  1910,  where  the 
board  of  directors  of  any  irrigation  district  in  the  State  of  California 
has  passed  a  resolution  calling  an  election  for  the  purpose  of  submitting 
to  the  qualified  electors  of  such  irrigation  district  the  question  of 
"whether  or  not  bonds  of  such  district  should  be  issued  for  any  purpose 
and  where  at  such  election  four-fifths  of  all  the  qualified  electors  voting 
at  such  election  shall  have  voted  in  favor  of  issuing  such  bonds  and 
such  board  of  directors  shall  have  passed  a  resolution  or  order  provid- 
ing for  .the  issuing  of  such  bonds,  the  power  of  such  irrigation  district 
to  issue  such  bonds  and  all  the  acts  and  proceeding.s  of  such  irrigation 
district  leading  up  to  and  including  the  issuance  and  sale  or  the  pro- 
posed issuance  and  sale  of  such  bonds  are  hereby  legalized,  ratified, 
confirmed  and  declared  valid  to  all  intents  and  purposes,  and  all  such 
bonds  sold  either  before  or  after  the  passage  of  this  act  are  hereby 
legalized  and  declared  to  be  legal  and  valid  obligations  of  and  against 
such  irrigation  district  so  issuing  and  selling  the  same. 


©  CO 

♦^  c 


82  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 


II.     CALIFORNIA  IRRIGATION  ACT. 


3  6  "^An^ct  to  he  knoum  as  ''the  California  irrigation  act"  providing  for 

CO  Z>  S^-operation  between  the  State  of  California  and  the  United  States, 

*^  3  S       ^^independent  proceedings,  in  the  storage  and  diversion  of  water, 

^^  CO      '^^distribution  thereof  for  irrigation  and  other  beneficial  iises  and 

♦»  ^       ^i^i^oses,  the  generation  and  manufacture  of  elective  poiver;  creating 


«a 


a> 


C  iH 


^  —  'J       ffin  irrigation  board,  and  providing  for  the  formation  of  irrigation 

iJ  o  5      ^Jgiricts  and  conservation  districts,  and  the  conversion  of  irrigation 

C  a      ^i^ricts,  reclamation  districts,  drainage  districts  and  other  political 

§  3  •H  a    siAdivisions  of  the  state  organized  for  the  purpose  of  promoting  irri- 

•H  ,Q       »*  ^^on,  reclainaUon  and  drainage,  into  irrigation  districts  under  this 

^  «  IL,  ^     oo;  and  empowering  said  irrigation  board  to  make  and  approve 

**  ^  o  S  S^''^^''<^^^  «"^  agreements,  to  construct  reservoirs  and  other  works, 

Tj  ''•  o  a>  odttert,  distribute  and  sell  water  and  lease  and  sell  water  rights,  and 

**  "•>  to  "iS  ^d^erate,  lease  and  sell  electric  power,  to  apportion  to  the  constituent  ■ 

*^  •O  B  Q  >'JWtiVs  of  conservation  districts  the  water  and  electric  power  to  be 

(d  tj  ?*  "^  ^^oduced  and  generated  by  conservation  district  works,  to  levy 

"c  ^  ^      OtdSSsessments,  and  issue  bonds  of  irrigation  districts  and  conservation 

Pi      ^      5  ^tricts;  providing  for  tJie  management,  control  and  supervision  of 

^  ^  Mch  irrigation  districts  and  conservation  districts  and  of  the  ivorks 

•H  t"..  *       o  "instructed  pursuant  to  this  act;  directing  the  state  department  of 

^  ^  >*  f»igineering  relative  to  such  works;  and  generally  providing  a  policy 

O   I   j^      ^  l^iaii?igf  to  the  storage,  diversion  and  use  of  water  and  the  manufac- 

^  ^       CO  ture  or  generatimi  of  electric  power,  and  adopting  a  plan  for  pro- 

C3>  pq  viding  revenues  therefor;  and  repealing  the  California  irrigation 

•^  act  approved  June  4,  1915,  and  chapter  646  of  the  statutes  of  1917, 

approved  May  28,  1917,  amendatory  thereof. 

(Approved  May  16,  1919,  Stats.   1919,  p.  671.) 
Irrigation  board  created. 

Section  1.  There  is  created  a  board  to  be  known  as  the  "irrigation 
board,"  which  shall  consist  of  three  members,  and  shall  constitute  a 
body  corporate  and  politic  for  the  purpose  of  exercising  the  powers 
and  performing  the-  acts  herein  mentioned,  and  which  shall  have  the 
power  to  sue  and  to  be  sued.  Within  thirty  days  of  the  date  upon  which 
this  act  takes  effect  the  governor  shall  appoint  the  members  of  said  board 
and  the  members  so  appointed  shall  serve  for  four  years  and  until 
their  successors  have  been  appointed;  provided,  that  the  members  of 
said  board  heretofore  appointed  under  the  California  irrigation  act 
approved  June  4-,  1915,  shall  serve  out  the  terms  for  which  they  were 
appointed.  Their  successors  shall  be  appointed,  and  all  vacancies  shall 
be  filled  by  appointment  in  like  manner.  The  office  of  the  irrigation 
board  shall  be  at  the  city  of  Sacramento ;  a  branch  office  may  be  main- 
tained in  the  city  and  county  of  San  Francisco. 

The  irrigation  board  shall  elect  one  of  its  members  as  president,  and 
shall  employ  a  secretary  and  such  attorneys,  engineers,  superintendents, 
inspectors  and  other  assistants  as  it  may  require,  and  shall  fix  the 
terms  of  their  employment  and  compensation.  Each  member  of  the 
irrigation  board  shall  receive  as  compensation  the  sum  of  ten  dollars 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  83 

per  day  for  each  day  employed  by  such  member  in  the  performance  of 
duties  under  this  act,  and  shall  receive  actual  traveling  expenses  while 
engaged  in  such  duties.  All  such  salaries,  compensation  and  expenses 
shall  be  payable  out  of  any  funds  under  the  control  of  the  irrigation 
board  applicable  to  such  payments.  Where  a  conservation  district  has 
been  formed,  as  hereinafter  provided,  the  irrigation  board  shall  appor- 
tion and  certify  to  each  district  therein  or  component  unit  thereof,  and 
to  each  private  corporation,  mutual  ditch  company  and  mutual  water 
company  admitted  to  the  benefits  of  such  conservation  district,  an 
amount  for  its  share  of  the.  general  co.st  and  expense  of  the  maintenance 
and  operation  of  the  irrigation  board  in  connection  with  such  district, 
or  component  unit,  or  private  corporation  or  mutual  ditch  company,  or 
mutual  water  compapy,  for  the  ensuing  or  previous  year,  and  also  such 
additional  amounts  as  are  necessary  for  the  purpose  of  defraying  the 
cost  of  all  administrative,  engineering  and  other  legal  expenses  neces- 
sary for  laying  out  the  plans  therefor,  and  such  amounts  shall  be  paid 
by  each  of  such  districts,  or  component  units,  to  the  state  treasurer, 
and  shall  be  deposited  in  a  fund  to  be  held  and  paid  out  for  the  account 
of  said  conservation  district  in  the  same  manner  as  hereinafter  provided 
for  the  funds  of  said  conservation  district. 

Interest  of  state  in  water  storage  paramount. 

Sec.  2.  It  is  hereby  declared  that  the  State  of  California  has  a 
paramount  interest  in  the  storage  and  diversion  of  water,  the  irrigation 
of  land  and  the  production  of  electric  power ;  that  such  storage,  irriga- 
tion and  production  of  electric  power  will  make  productive  vast  quan- 
tities of  land  that  are  comparatively  unproductive  and  will  increase 
production,  property  valuations  and  population  in  the  state,  make 
profitable  thfi  cultivation  of  small  tracts  and  promote  subdivision  of 
larger  tracts,  and  will  promote  the  welfare  and  prosperity  of  all  the 
people.  The  powers  herein  conferred  upon  the  irrigation  board  are 
hereby  declared  to  be  police  and  regulatory  powers  and  are  necessary 
to  the  accomplishment  of  a  purpose  that  is  indispensable  to  the  public 
interests. 

Powers  of  irrigation  board. 

Sec.  3.  The  irrigation  board  shall  have  power  to  make,  or  cause  to 
be  made,  examinations  and  surveys,  to  make  or  adopt  plans,  and  esti- 
mate, or  cause  to  be  estimated,  the  cost  of  all  projects  for  the  storage 
or  diversion  of  water  within  the  State  of  California,  the  distribution 
of  said  water,  and  the  generation  of  electric  power  in  connection  with 
such  storage,  and  the  sale  and  distribution  of  such  power,  and  to  make 
and  enter  into  contracts  for  the  construction  and  maintenance  of  works 
for  such  projects  and  the  supervision  and  administration  thereof.  The 
irrigation  board  shall  also  have  power  to  confer  and  make  agreements 
with  any  authorized  department,  board  or  officer  of  the  United  States 
government,  or  with  any  irrigation  district,  reclamation  district,  or 
drainage  district,  or  other  political  subdivision  of  the  state  organized 
to  promote  irrigation,  reclamation  or  drainage,  or  with  any  water, 
power,  irrigation  or  other  company,  or  corporation,  or  association,  or 
person,  or  persons,  with  reference  t©  such  projects  and  concerning 


84  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

examinations,  surveys,  works  and  plans  in  connection  therewith.  Any 
plan  finally  approved  by  the  irrigation  board  (and  when  in  any  case 
the  approval  of  any  authorized  department,  board  or  officer  of  the 
United  States  government  is  necessary,  it  is  also  approved  by  such 
authorized  department,  board  or  officer)  shall  be  the  official  plan 
approved  by  the  State  of  California  and  authorized  by  it  for  the  project 
involved  therein,  but  such  plan  may  be  modified  or  changed  from  time 
to  time  thereafter  in  like  manner  as  originally  adopted  or  approved. 

Surveys  by  state  engineering  department. 

Sec.  4.  The  state  department  of  engineering,  or  such  engineer  or 
engineers  as  may  be  appointed  by  the  irrigation  board,  shall  make  such 
surveys,  examinations,  reports,  plans  and  estimates  as  may  be  required 
by  the  board,  either  with  or  without  the  co-operation  of  the  United 
States  or  any  department  thereof,  whenever  said  board  has  under  its 
control  money  available  with  which  to  pay  the  expenses  in  connection 
therewith.  AH  such  work  and  all  supervision  of  construction  shall  be 
performed  under  such  contracts  and  regulations  as  may  be  made  or 
approved  by  the  irrigation  board  or  agreed  upon  between  said  board  and 
the  United  States. 

Petition  to  organize  district. 

Sec.  5.  Whenever  the  holders  of  title,  oi:  evidence  of  title,  or  of  pos- 
sessory rights  to  lands  entered  under  the  laws  of  the  United  States,  or  of 
the  State  of  California,  representing  one-half  or  more  of  any  body  of 
land  susceptible  of  irrigation  (excepting  lands  embraced  within  the 
limits  of  incorporated  cities  or  towns)  desire  to  form  an  irrigation 
district  under  the  provisions  of  this  act,  for  the  irrigation  of  said 
land,  they  may  present  to  the  irrigation  board  a  petition  signed  by^^ 
them,  or  their  authorized  agents,  which  petition  shall  set  forth  generally 
the  boundaries  of  the  proposed  district,  a  description  of  the  lands  by 
legal  subdivisions  or  other  boundaries,  the  county  in  which  they  are 
situated,  the  number  of  acres  in  the  proposed  district,  and  in  each  tract 
with  the  names  (if  known)  of  the  owners  thereof,  and  designating  as 
unsold  any  lands  not  reduced  to  private  ownership ;  and  also  shall  state 
generally  the  source  or  sources  from  which  said  lands  are  proposed  to 
be  irrigated,  and  the  proposed  name  of  the  district,  and  shall  pray  that 
the  territory  within  the  boundaries  of  the  proposed  district  may  be 
organized  as  an  irrigation  district  under  the  provisions  of  this  act. 
The  petition  may  consist  of  any  number  of  separate  instruments;  and 
guardians,  executors,  admini.strators  or  other  persons  holding  property 
in  a  trust  capacity  under  appointment  of  court  may  sign  any  petition 
provided  for  in  this  act,  when  authorized  by  an  order  of  court,  which 
order  may  be  made  without  notice.  A  certificate  of  acknowledgment 
taken  before  a  notary  public  or  justice  of  the  peace  of  any  state,  or  an 
affidavit  by  any  person  in  the  presence  of  whom  such  petition  was 
signed,  shall  be  sufficient  evidence  of  the  genuineness  of  such  signature, 
and  of  the  fact  of  r&sidence  of  any  petitioner  and  any  fact  going  to 
the  qualifications  of  any  petitioner  under  this  act. 

No  defect  in  the  contents  of  the  petition  or  in  the  title  to  or  form  of 
the  notice  or  signatures,  or  the  lack  of  signatures  shall  vitiate  any 


CALIFORNIA   IRRIGATION  DISTRICT   LAWS.  85 

proceedings  thereon ;  provided,  such  petition  or  petitions  have  a  sufficient 
number  of  qualified  signatures  attached  thereto. 

The  certificate  of  the  county  assessor  of  the  county  wherein  the  lands 
described  in  the  petition  are  situated  that  the  titles  and  possessory 
rights  of  the  respective  signers  thereto  are  as  appear  on  the  county 
assessment  roll  or  rolls  last  equalized  at  the  time  of  filing  the  petition, 
or  of  the  register  of  the  United  States  land  office  of  the  district  in 
which  said  lands  are  situated,  or  of  the  surveyor  general  of  the  State 
of  California,  shall  be  sufficient  evidence  of  the  title  or  possessory 
right  of  any  signer  hereto,  and  where  as  to  any  tract  the  assessor  is 
unable  to  make  such  certificate  for  the  reason  that  it  is  assessed  to  an 
unknown  owner  or  the  assessment  roll  does  not  purport  to  give  the  true 
name  or  gives  the  names  of  a  portion  only  of  the  owners,  the  actual 
owners  of  such  property  shall  be  considered  the  owners  for  all  the  pur- 
poses of  this  act  and  owners  of  undivided  interests  may  sign  for  such 
interest. 

The  petition  must  be  verified  by  the  affidavit  of  one  of  the  petitioners, 
and  shall  be  filed  with  the  irrigation  board.  Upon  the  receipt  of 
such  petition  the  irrigation  board,  or  such  person  as  said  board 
may  authorize  to  act  in  such  cases,  shall  designate  a  time  and  place  for 
the  hearing  of  said  petition,  which  date  shall  be  not  less  than  twenty 
days  nor  more  than  thirty  days  from  the  date  of  the  filing  of  the 
petition  with  the  board.  The  secretary  of  the  irrigation  board  shall 
cause  notice  of  said  hearing  to  be  published  at  least  once  a  week  for 
two  successive  weeks,  prior  to  the  time  of  said  hearing,  in  a  newspaper 
of  general  circulation  printed  and  published  in  each  of  the  counties  in 
which  any  of  the  lands  intended  to  be  embraced  within  such  proposed 
irrigation  district  are  situated.  Such  notice  shall  designate  the  time 
and  place  when  and  where  said  petition  will  be  heard,  and  shall  set 
forth  the  exterior  boundaries  of  said  proposed  district. 

At  the  time  and  place  designated  in  said  notice,  any  person  owning 
land  within  the  said  proposed  irrigation  district,  may  appear  and 
present  written  objections  to  the  creation  of  such  district.  The  irri- 
gation board  shall  hear  and  receive  such  evidence  as  may  be  offered  in 
support  of  the  petition  and  in  support  of  said  written  objections.  The 
irrigation  board  may  continue  said  hearing  from  time  to  time,  by  order 
entered  upon  its  minutes,  to  the  end  that  a  full  hearing  may  be  had. 
Upon  the  final  hearing  of  said  matter,  the  irrigation  board  shall  make 
an  order  approving  said  petition  as  originally  presented,  or  as  modified 
by  such  order,  excluding  from  the  district  such  lands  as  in  the  judgment 
of  the  irrigation  board  should  be  excluded,  and  upon  the  filing  of  such 
order  with  the  irrigation  board  such  irrigation  district  shall  be  deemed 
to  be  created.  Upon  application  by  any  person  whose  lands  are  sus- 
ceptible of  irrigation  from  any  of  the  proposed  sources,  the  irrigation 
board,  in  its  di.scretion,  may  order  such  lands  included  Avithin  said 
proposed  district.  The  order  shall  describe  the  exterior  boundaries  of 
the  district,  as  determined  by  the  irrigation  board,  and  also  the  exterior 
boundaries  of  any  lands  excluded  therefrom,  and  shall  be  indorsed  upon 
or  attached  to  the  petition,  and  be  signed  by  the  president  and  attested 
by  the  secretary  of  the  irrigation  boar^.  A  copy  of  the  order  creating 
such  irrigation  district,  certified  by  such  secretary,  shall  be  filed  in 


86  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

the  office  of  the  secretary  of  state,  and  a  similarly  certified  copy  of  such 
order,  together  with  a  map  showing  the  exterior  boundaries  of  the 
district,  and  indicating  the  lands  excluded  therefrom,  shall  be  filed  in 
the  office  of  the  county  recorder  of  each  of  the  counties  in  which  any 
of  the  lands  within  the  said  district  are  situated,  and  a  properly  certified 
copy  of  such  order,  together  with  the  maps  attached  thereto,  shall  be 
received  in  all  of  the  courts  of  this  state  as  prima  facie  evidence  of  the 
organization  of  such  district  and  of  the  boundaries  thereof.  Before  the 
irrigation  board  makes  such  order,  it  may  require  that  the  project  and 
proposed  works  be  approved  by  the  state  engineer,  or  by  such  engineer 
or  engineers  as  shall  be  designated  by  the  irrigation  board. 

Each  irrigation  district  created  under  the  provisions  of  this  act  shall 
have  a  board  of  directors  composed  of  owners  of  land  within  the  district, 
elected  by  the  owners  of  land  in  such  district  in  the  manner  provided 
for  the  election  of  trustees  of  reclamation  districts  in  section  three 
thousand  four  hundred  ninety-one  of  the  Political  Code  of  the  State  of 
California,  except  that  such  elections  shall  be  called  by  and  returns 
thereof  made  to  the  board  of  supervisors  of  the  county  in  which  the 
greater  portion  of  the  lands  of  the  district  are  situated.  Each  such  dis- 
trict shall  have  a  board  consisting  of  five  directors;  provided,  that  if 
so  requested  in  the  petition  for  the  formation  of  said  district,  the 
irrigation  board  may  order  that  there  shall  be  only  ihree  directors. 
After  the  approval  of  the  petition  and  the  election  of  directors  for  the 
district,  the  directors  shall  adopt  rules,  not  inconsistent  with  the  laws 
of  the  state,  for  the  government  and  control  of  the  affairs  of  the  district, 
which  rules  may  be  amended  at  any  time  by  said  board  of  directors. 

The  board  of  directors  of  any  irrigation  district  created  under  this 
act  ma}'  commence  a  proceeding  in  the  superior  court  of  any  county, 
wherein  a  portion  of  the  district  is  situated,  to  determine  the  legality 
of  the  existence  of  said*  district.  The  complaint  in  said  proceeding 
shall  describe  the  district  by  name  and  the  exterior  boundaries  thereof, 
and  shall  contain  a  prayer  that  such  district  be  adjudged  a  legal 
irrigation  district.  The  summons  in  such  proceeding  shall  be  served  by 
publishing  a  copy  thereof  once  a  week  for  four  successive  weeks  in  a 
newspaper  of  general  circulation  published  in  each  county  where  any 
part  of  such  district  is  .situated.  Within  thirty  days  after  the  last 
publication  of  said  summons,  any  person  who  may  be  interested  may 
appear  and  answer  said  complaint,  in  which  answer  the  facts  relied 
upon  to  show  the  invalidity  of  the  district  shall  be  set  forth.  If  no 
answer  shall  be  filed,  the  court  must  render  judgment  as  prayed  for  in 
the  complaint.  If  any  answer  shall  be  filed  within  said  period,  the 
ctourt  shall  thereafter  proceed  as  in  other  civil  cases,  but  no  district 
shall  be  adjudged  invalid  when  it  appears  that  sueh  district  has,  for 
five  years  prior  to  the  commencement  of  such  proceeding,  been  per- 
forming its  functions  as  an  irrigation  district  under  this  act  in  good 
faith.  The  proceeding  under  this  section  is  hereby  declared  to  be  a 
proceeding  in  rem,  and  the  judgment  rendered  therein  shall  be  con- 
clusive against  all  persons  whomsoever  and  against  the  State  of  Cali- 
fornia. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  87 

Converting  other  districts  into  districts  under  act. 

Sec.  6.  Any  irrigation  district  formed  under  the  provisions  of  any 
other  law  or  statute  of  this  state,  and  any  reclamation  district  or  drain- 
age district  (excluding  from  any  such  district  the  area  embraced  within 
the  limits  of  any  incorporated  city  or  town)  susceptible  of  irrigation 
from  any  project  adopted  or  approved  by  the  irrigation  board,  may 
become  an  irrigation  district  under  the  provisions  of  this  act  upon 
presenting  to  the  irrigation  board  a  consent  thereto  signed  by  the 
holders  of  title,  or  evidence  of  title,  of  more  than  half  of  the  lands 
embraced  in  said  district  (excepting  lands  within  incorporated  cities  or 
towns) .  Upon  the  filing  of  such  consent,  the  irrigation  board  shall  fix 
a  date  for  a  hearing  of  the  matter  involved  in  such  consent.  The 
secretary  of  the  irrigation  board  shall  publish  a  notice  of  such  hearing 
once  a  week  for  four  successive  weeks  preceding  the  date  fixed  therefor 
in  a  newspaper  of  general  circulation  published  in  each  of  the  counties 
in  which  any  portion  of  said  district  is  situated.  At  the  time  and 
place  designated  in  said  notice  the  irrigation  board  shall  hear  and 
receive  such  evidence  as  may  be  offered  in  support  of  the  proposal  to 
convert  such  district  into  an  irrigation  district  under  the  provisions 
of  this  act  and  in  support  of  any  written  objection  thereto  filed  with 
the  irrigation  board.  The  irrigation  board  may  continue  said  hearing 
from  time  to  time,  by  order  entered  upon  its  minutes,  to  the  end  that  a 
full  hearing  may  be  had.  Upon  tlic  final  hearing  of  said  matter,  the 
irrigation  board  shall  make  its  order,  providing  that  said  district 
(excluding  therefrom  the  territory  embraced  in  incorporated  cities  or 
towns)  shall  thereafter  be  an  irrigation  district  subject  to  all  of  the 
provisions  of  this  act,  or,  in  its  discretion,  said  irrigation  board  may 
decline  to  make  such  order.  If  the  irrigation  board  shall  make  an 
order  converting  such  district  into  an  irrigation  district,  all  of  the 
lands  therein  (except  lands  lying  within  the  boundaries  of  incorporated 
cities  or  towns),  shall  become,  and  shall  thereafter  be,  subject  to  all  of 
the  provisions  of  this  act. 

Powers  of  board  of  directors. 

Sec.  6a.  The  board  of  directors  of  an  irrigation  district  created 
under  this  act  shall  have  power  to  elect  one  of  its  members  president 
thereof;  and,  subject  to  the  approval  of  the  irrigation  board,  to  employ 
engineers  and  others  to  survey,  plan,  locate  and  estimate  the  cost  of  the 
works  necessary  for  the  improvement  of  the  lands  of  the  district  by 
irrigation,  reclamation  and  drainage  and  thereafter  subject  to  the 
approval  of  the  irrigation  Iward,  to  modify  or  change  such  original 
plan  or  plans,  or  adopt  new  supplemental  or  additional  plan  or  plans; 
to  acquire  by  purchase,  condemnation  or  other  legal  means,  necessary 
property  and  rights  of  way,  and  the  right  to  take  material  for  the 
construction  of  all  necessary  works,  including  dams,  canals,  drains, 
sluices,  bulkheads,  water  gates,  embankments,  levees  and  pumping 
plants,  and  to  construct,  maintain  and  keep  in  repair  all  works  requisite 
and  necessary  to  that  end,  and  to  do  all  other  acts  and  things  necessary 
or  required  for  the  irrigation,  reclamation  and  drainage  of  the  lands 


88  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

embraced  in  the  district,  and  to  carry  out  the  purposes  of  this  act.  All 
of  the  acts  and  proceedings  of  such  board  of  directors,  however,  shall 
be  recorded  in  the  minutes  of  said  board,  and  copies  thereof,  certified  by 
the  secretary  of  said  board  as  recorded,  shall,  within  ten  days  after  the 
passage  or  adoption  of  the  same,  be  filed  with  the  secretary  of  the  irriga- 
tion board,  and  the  irrigation  board,  within  twenty  days  after  such 
filing  may,  by  order  filed  with  its  secretary,  reject  and  nullify  the  action 
of  the  board  of  directors  of  such  irrigation  district,  and  upon  the  filing 
of  a  certified  copy  of  such  order  of  rejection  or  nullification  with  the 
secretary  of  such  irrigation  district,  the  said  order  of  said  irrigation 
district  board  shall  be  invalid  and  unenforcible  for  any  purpose;  but 
if  such  action  of  such  irrigation  district  board  shall  not  be  so  rejected 
or  nullified  within  the  period  above  provided,  the  same  shall  be  and 
remain  in  full  force  and  effect.  The  irrigation  board  may  confirm  and 
ratify  any  action  of  said  irrigation  district  board  at  any  time,  and  upon 
such  confirmation  and  ratification  such  act  or  order  of  said  irrigation 
district  board  shall  be  valid  and  effective  for  all  purposes.  The  several 
members  of  the  board  of  directors  shall  each  be  entitled  to  receive  for 
actual  and  necessary  services  performed  and  for  expenses  incurred  by 
them,  respectively,  for  and  in  the  interest  of  the  district,  such  compen- 
sation as  the  irrigation  board  may  determine  to  be  just  and  reasonable, 
which  shall  constitute  an  indebtedness  of  the  district,  to  be  paid  in  the 
same  manner  and  out  of  the  same  fund  as  other  debts  of  the  district; 
provided,  that  no  warrant  or  order  drawn  for  such  purpose  shall  be 
valid  until  approved  by  the  irrigation  board. 

Conservation  districts. 

Sec.  66.  The  irrigation  board  shall  have  power  to  consolidate  into 
single  districts  in  the  manner  and  for  the  purposes  provided  in  this  act, 
irrigation  districts,  recla'mation  districts,  drainage  districts  and  other 
political  subdivisions  of  the  state  organized  to  promote  irrigation, 
reclamation  or  drainage,  which  consolidated  districts  shall  be  known, 
and  are  herein  referred  to,  as  conservation  districts;  and,  the  purpose 
of  the  formation  of  such  districts  being  primarily  to  provide  for  and 
promote  the  irrigation  of  the  lands  therein  and  in  connection  therewith 
and  incidental  thereto  the  reclamation  and  drainage  of  such  lands,  the 
legislature  hereby  expressly  declares  that  every  such  conservation  dis- 
trict, formed  as  herein  provided,  is  and  shall  be  an  irrigation  district 
within  the  meaning  of  section  thirteen  of  article  eleven  of  the  constitu- 
tion of  the  State  of  California,  and  within  the  meaning  of  every  other 
provision  of  said  constitution  relating  to  irrigation  districts.  Such 
conservation  districts  shall  be  compased  of  two  or  more  units  all  or  any 
of  which  units  may  be  irrigation  districts,  formed  under  the  provisions 
of  this  or  any  other  act  or  statute  of  this  state,  reclamation  districts, 
drainage  districts,  or  other  political  districts  of  the  state  organized  to 
promote  irrigation,  reclamation  or  drainage,  now  or  hereafter  to  be 
formed.  The  territory  embraced  within  such  units  need  not  be  con- 
tiguous in  order  to  be  embraced  within  the  same  conservation  district, 
provided  all  or  a  portion  of  the  territory  embraced  within  said  respective 
units  is  susceptible  of  irrigation  from  the  works  proposed  to  be  con- 
structed   by    said    conservation    district.     Any    private    corporation 


CALIFORNIA  IRRIGATION   DISTRICT  LAWS.  89 

engaged  in  the  distribution  of  water  to  the  public,  for  irrigation  or  other 
beneficial  uses,  or  in  the  generation  of  hydroelectric  power  for  sale  to 
the  public,  and  any  mutual  ditch  company  or  mutual  water  company 
organized  for  the  purpose  of  distributing  water  to  the  members  or  stock- 
holders thereof,  which  private  corporation,  mutual  ditch  company  or 
mutual  water  company  is  receiving  or  entitled  to  receive  water  from 
the  same  stream  or  streams  for  the  storage  or  diversion  of  whose  waters 
it  is  proposed  to  construct  the  works  of  said  conservation  district, 
shall  have  the  right,  upon  payment  of  its  proportion  of  the  cost  of 
constructing,  operating  and  maintaining  such  works,  to  share  in  all  of 
the  benefits  resulting  from  such  construction,  operation  and  mainte- 
nance, including  its  proportionate  share  of  the  water  to  be  conserved 
thereby  and  the  power  to  be  generated  and  produced  in  connection 
therewith;  provided,  that  nothing  herein  contained  shall  be  deemed  to 
confer  upon  said  irrigation  board,  or  upon  any  conservation  district 
formed  under  the  provisions  of  this  act,  the  right  to  impair,  or  deprive 
any  person,  firm  or  corporation  of  any  vested  right  in  or  to  the  waters 
of  any  stream  or  streams  proposed  to  be  stored  or  diverted  by  said 
conservation  .district,  without  due  process  of  law. 

Upon  presentation  to  it  of  a  petition  signed  by  the  respective  govern- 
ing boards  of  two  or  more  of  said  units  praying  for  the  formation  of 
a  conservation  di.strict,  the  irrigation  board  shall  fix  a  time  and  place 
for  the  hearing  of  such  petition.  The  secretary  of  the  irrigation  board 
shall  cau.se  notice  of  said  hearing  to  be  given  by  publication  once  a 
week  for  four  successive  weeks  in  a  newspaper  of  general  circulation 
published  in  each  county  wherein  any  part  of  said  petitioning  districts 
are  situated,  and  also  by  mailing  a  written  notice  of  such  hearing  to  the 
governing  l)oards  of  such  other  districts  or  political  subdivisions  of  the 
state  and  to  such  private  corporations,  mutual  ditch  companies  and 
mutual  water  companies  as  may  be  designated  by  the  irrigation  board. 
At  the  time  fixed  b.y  the  irrigation  board  for  such  hearing,  or  at  such 
other  time  to  which  the  hearing  may  be  adjourned,  the  irrigation  board 
shall  hear  and  receive  evidence  in  support  of  any  objections  which  may 
be  filed  in  opposition  thereto,  and  shall  also  receive  applications  from 
other  districts  to  become  a  part  of  such  conservation  district  and  from 
private  corporations,  mutual  ditch  companies  or  mutual  water  com- 
panies to  participate  in  the  benefits  of  such  conservation  district.  If 
there  shall  be  presented  at  such  hearing  a  written  objection  or  objections 
signed  by  the  owners  of  more  than  one-half  of  the  lands  in  any  such 
unit  district  the  signing  of  .such  petition  by  the  governing  board  of 
such  unit  district  shall  be  deemed  to  be  nullified  and  the  irrigation 
board  shall  have  no  power  to  include  such  unit  di.strict  within  the 
proposed  conservation  district. 

The  irrigation  board  shall  include  as  a  part  of  such  conservation 
district  the  territory  embraced  within  any  district  unit  applying  to  be 
made  part  of  tlie  conservation  di.strict,  which  applying  district  shall  be 
lawfully  receiving  or  entitled  to  receive  water  from  the  same  stream 
or  streams  whose  waters  are  proposed  to  be  stored  or  diverted  by  such 
conservation  district,  and  .shall  admit  to  beneficial  participation  in  said 
conservation  district  such  private  corporations,  mutual  ditch  companies 
or  mutual  water  companies  likewise  lawfully  receiving  or  entitled  to 


90  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

receive  water  and  applying  to  the  irrigation  board  to  be  admitted  to 
such  participation.  The  application  of  any  unit  district  or  private  cor- 
poration, mutual  ditch  company  or  mutual  water  company,  not  so  law- 
fully receiving  or  entitled  to  receive  water,  to  be  included  as  a  part  of 
said  conservation  district  or  to  be  permitted  to  share  in  the  benefits 
thereof,  may  be  approved  or  rejected  by  the  irrigation  board  in  its 
discretion.  Upon  the  final  hearing  of  said  matter,  the  irrigation  board 
shall  make  an  order  approving  said  petition,  as  originally  presented,  or 
as  modified  by  such  order.  Such  order  shall  describe  said  conservation 
district  by  exterior  boundaries  when  the  lands  therein  lie  in  one  body, 
or  by  naming  the  unit  district  embraced  therein  when  said  lands  do 
not  lie  in  one  body,  and  shall  also  designate  the  private  corporations, 
mutual  ditch  companies  or  mutual  water  companies,  entitled  to  partici- 
pate in  the  benefits  of  the  works  proposed  to  be  constructed  by  said 
conservation  district.  Upon  the  filing  of  such  order  with  the  irrigation 
board  such  conservation  distriot  shall  be  deemed  to  be  created.  A  certi- 
fied copy  of  the  order  creating  such  conservation  district  shall  be  filed 
in  the  ofifice  of  the  secretary  of  state,  and  a  certified  copy  thereof, 
together  with  a  map  showing  the  boundaries  of  the  district,  shall  be 
filed  in  the  office  of  the  county  recorder  of  each  of  the  counties  in  which 
any  of  the  lands  within  the  said  district  are  situated.  A  properly  certi- 
fied copy  of  such  order,  together  with  the  map  attached  thereto,  shall  be 
received  in  all  the  courts  of  this  state  as  prima  facie  evidence  of  the 
organization  of  such  district  in  compliance  with  the  provisions  of  this 
act,  and  of  the  boundaries  thereof. 

After  the  formation  of  a  conservation  district  as  herein  provided,  any 
irrigation  district,  reclamation  district,  drainage  district,  or  other  politi- 
cal subdivision  of  the  state  organized  to  promote  irrigation,  reclamation 
or  drainage,  theretofore  existing  and  which  was  entitled  to  become  a 
part  of  and  unit  in  such 'conservation  district  at  the  time  of  its  forma- 
tion, and  any  such  district  or  political  subdivision  of  the  state  thereafter 
formed,  any  portion  of  the  lands  in  which  are  receiving  or  entitled  to 
receive  water  from  the  same  stream  or  streams  for  the  storage  or 
diversion  of  whose  waters  said  conservation  district  was  formed,  may, 
at  any  time  prior  to  the  making  by  the  irrigation  board  of  the  order 
approving  the  apportionment  as  provided  in  section  ten  of  this  act,  but 
not  thereafter,  file  with  the  irrigation  board  a  petition  to  be  made  a 
part  of  and  unit  in  such  conservation  district.  And  any  private  cor- 
poration, mutual  ditch  company  or  mutual  water  company  existing  at 
the  time  of  the  formation  of  such  conservation  district,  and  at  that  time 
entitled  to  be  admitted  to  participation  in  the  benefits  resulting  from 
the  construction  of  the  works  of  such  conservation  district  and  any  such 
private  corporation,  mutual  water  company  "or  mutual  ditch  company 
thereafter  organized  and  receiving  or  entitled  to  receive  water  from 
such  stream  or  streams,  may,  at  any  time  prior  to  the  making  by  the 
irrigation  board  of  the  order  approving  the  apportionment  as  provided 
in  section  ten  of  this  act,  but  not  thereafter,  file  with  the  irrigation  board 
a  petition  to  be  admitted  to  such  participation.  Upon  the  filing  of  any 
such  petition,  within  the  time  hereinbefore  limited,  the  irrigation  board 
shall  fix  a  time  and  place  for  the  hearing  thereof  and  give  such  notice 
of  said  hearing  and  ca,use  such  proceedings  to  be  had  and  taken  at 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  91 

such  hearing  and  such  order  to  be  made  and  filed,  and  certified  copies 
of  such  order  to  be  filed,  as  in  the  case  of  a  hearing  upon  a  petition, 
for  the  original  formation  of  a  conservation  district,  and  the  right  of 
such  petitioning  district  or  political  subdivision  to  become  a  part  of  and 
unit  in  such  conservation  district  or  of  such  private  corporation,  mutual 
water  company  or  mutual  ditch  company  to  be  admitted  to  participation 
in  the  benefits  resulting  from  the  construction  of  the  works  thereof, 
shall  be  determined  in  the  same  manner  as  if  such  district  or  political 
subdivision  or  private  corporation  or  mutual  water  company  or  mutual 
ditch  company  had  presented  its  petition  or  application  at  the  hearing 
of  the  petition  for  the  original  formation  of  such  conservation  district. 
The  irrigation  board,  or  the  governing  body  of  any  irrigation  district, 
reclamation  district,  drainage  district,  or  other  political  subdivision  of 
the  state  organized  to  promote  irrigation,  reclamation  or  drainage,  con- 
stituting a  unit  of  said  conservation  district,  or  any  private  corporation, 
or  mutual  water  company  or  mutual  ditch  company  admitted  to  par- 
ticipation in  the  benefits  of  such  conservation  district,  may  commence  a 
proceeding  in  the  superior  court  of  any  county  wherein  a  portion  of 
said  conservation  district  is  situated  to  determine  the  legality  of  the 
existence  of  said  conservation  district.  The  complaint  in  said  proceed- 
ing shall  describe  the  district  by  name,  and  the  exterior  boundaries 
thereof,  when  the  lands  therein  lie  in  one  body,  or  by  naming  the  unit 
districts  embraced  therein  when  said  lands  do  not  lie  in  one  body,  and 
shall  contain  a  prayer  that  such  district  be  adjudged  a  legal  conservation 
district.  The  summons  in  such  proceeding  shall  be  .served  by  publishing 
a  copy  thereof  once  a  week  for  four  successive  weeks  in  a  newspaper 
of  general  circulation  published  in  each  county  wherein  any  part  of 
such  district  is  situated.  Within  thirty  days  after  the  last  publication 
of  said  summons  any  person  who  may  be  interested  may  appear  and 
answer  said  complaint  in  which  answer  the  facts  relied  upon  to  show 
the  invalidity  of  the  district  shall  be  set  forth.  If  no  answer  shall  be 
fded  the  court  must  render  jhdgmcnt  as  prayed  for  in  the  complaint. 
If  any  answer  shall  be  filed  within  said  period  the  court  shall  thereafter 
proceed  as  in  other  civil  cases,  but  no  district  shall  be  adjudged  invalid 
when  it  appears  that  such  district  has,  for  five  years  prior  to  the  com- 
mencement of  such  proceeding,  been  performing  its  functions  as  a  con- 
servation district  in  good  faith.  The  proceeding  under  this  section  is 
hereby  declared  to  be  a  proceeding  in  rem  and  the  judgment  rendered 
therein  shall  be  conclusive  against  all  persons  whomsoever  and  against 
the  State  of  California. 

When  works  benefit  overflowed  lands. 

Sec.  7.  When  any  of  the  works  constructed  under  the  provisions  of 
this  act  serve  the  purpose  of  drainage,  flood  control  or  reclamation  of 
swamp  and  overflowed  lands  within  an  irrigation  or  conservation  dis- 
trict formed  under  the  provisions  of  this  act,  the  irrigation  board  may 
estimate  the  proportion  of  the  cost  of  said  construction,  wlfich  may  be 
properly  charged  to  the  lands  benefited  by  such  drainage,  flood  control 
or  reclamation,  and  assessments  may  be  levied  in  the  manner  herein 
provided  upon  the  lands  so  benefited  for  the  purpose  of  paying  such 
proportion  of  said  cost  of  construction,  together  with  a  reasonable  por- 
tion of  the  expenses  of  maintenance  and  repair  of  such  works. 


92  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

Rules  and  regulations. 

Sec.  8.  The  irrigation  board  may  make  and  enforce  any  and  all 
rules  and  regulations  that  in  its  opinion  will  promote  the  objects  of 
this  act,  and  may  perform  any  act  and  exercise  any  power  necessary  to 
the  accomplishment  of  the  purposes  herein  expressed  and  full  power  is 
hereby  conferred  in  the  premises  whether  or  not  such  powers  are  herein 
specially  mentioned,  and  may  sue  and  be  .sued  in  the  same  manner  and 
with  the  same  effect  as  a  municipal  corporation. 

Member  may  conduct  hearing. 

Sec.  9.  For  the  purpose  of  performing  any  duty  under  this  act  the 
irrigation  board  may  appoint  one  of  its  members  to  conduct  any  hearing 
or  investigation.  Such  member  shall  make  a  written  report  of  his 
proceedings  and  shall  state  the  evidence  introduced  at  any  hearing  and 
his  conclusions  thereon.  Upon  such  report,  or  upon  such  further 
inquiry  as  the  irrigation  board  shall  deem  proper,  the  irrigation  board 
may  pass  upon  and  decide  any  question  under  consideration  at  said 
hearing  or  investigation.  The  decisions  of  the  irrigation  board  shall 
be  final  except  as  to  questions,  the  determination  of  which  are  vested 
in  the  courts  by  this  act  or  by  the  constitution  of  this  state  or  by  the 
constitution  of  the  United  States. 

Apportionment  of  water. 

Sec.  10.  Prior  to  making  any  assessment,  to  provide  funds  for  the 
construction  or  purchase  of  any  project  for  the  construction  or 
purcha.se  of  which  any  conservation  district  shall  have  been 
formed,  there  shall  be  apportioned  as  hereinafter  provided,  to  each 
constituent  district  or  unit  under  such  project  the  proportion  to 
which  it  is  entitled  of  all'water  stored  or  to  be  stored  or  diverted  or  to  be 
diverted  by  such  project  for  the  irrigation  of  such  conservation  district, 
and  of  all  power  to  be  developed  in  connection  therewith,  which  propor- 
tion of  such  water  and  power  shall  be  forever  applied  to  the  purposes 
of  said  constituent  district ;  p)-ovided,  that  any  water  or  power  that  may 
be  so  apportioned  and  for  which  any  constituent  district  or  unit  has 
not,  to  the  full  extent  thereof,  a  beneficial  use,  may  be  leased  by  such 
district  or  unit,  with  the  consent  of  the  irrigation  board,  to  any  other 
territory  within  or  without  the  said  conservation  district;  the  other 
districts  or  units,  embraced  in  .said  conservation  district  to  be  entitled, 
however,  to  the  first  right  to  so  lease  such  surplus  water  or  power.  The 
apportionment  of  water  and  power  under  this  section  shall  be  made  by 
a  special  board  of  apportionment  and  confirmed  by  the  irrigation  board. 
The  members  of  such  special  board  of  apportionment  shall  be  three  in 
number  and  shall  be  appointed  by  the  irrigation  board,  subject,  how- 
ever, to  the  approval  of  two-thirds  of  the  members  of  the  advisory  board 
hereinafter  provided  for.  The  members  of  such  special  board  of 
apportionment  shall  be  disinterested  persons  having  no  interest  in  any 
land  within  the  conservation  district  within  which  such  apportionment 
is  to  be  made  and  not  residing  within  such  district.  Before  entering 
upon  his  duties  each  of  the  members  of  said  special  board  of  apportion- 
ment shall  take  and  subscribe  an  oath  that  he  is  not  in  any  manner 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  93 

interested  in  any  real  estate  within  said  district,  directly  or  indirectly ; 
that  he  does  not  reside  therein,  and  that  he  will  perform  the  duties  of 
a  member  of  such  board  to  the  best  of  his  ability.  Said  special  board  of 
apportionment  shall  determine,  define  and  apportion  to  the  several 
districts  or  units  within  said  conservation  district,  and  to  the  private 
corporations,  mutual  waiter  companies  and  mutual  ditch  companies 
admitted  to  share  in  the  benefits  thereof,  the  amount  and  extent  of  the 
water  to  be  produced,  stored  or  diverted  for  the  project  contemplated  by 
said  conservation  district  and  the  amount  and  extent  of  the  power  to 
be  produced  or  generated  in  connection  therewith,  and  shall  likewise 
determine,  define  and  apportion  the  cost  of  the  project,  and  shall  make 
a  report  thereof  to  the  irrigation  board.  Upon  receiving  such  report 
the  irrigation  board  shall  fix  a  date  for  the  hearing  thereof,  and  notice 
to  all  persons  in  such  conservation  district  shall  be  given  by  publication 
once  a  week  for  four  successive  weeks  in  a  newspaper  of  general  circula- 
tion published  in  each  of  the  counties  in  which  any  portion  of  the  said 
district  is  situated.  Such  hearing  shall  be  held  upon  a  date  not  less 
than  sixty  nor  more  than  ninety  days  after  the  first  publication  of  said 
notice,  and  affidavits  of  the  publication  of  said  notice  in  the  manner 
herein  provided  shall  be  made  and  filed  with  the  irrigation  board  before 
such  hearing.  In  addition  to  the  publication  of  such  notice  the 
secretary  of  the  irrigation  board  shall  mail  a  copy  thereof  to  the  govern- 
ing boards  of  such  other  districts  or  political  subdivisions  of  the  state 
and  to  such  private  corporations,  mutual  ditch  companies  and  mutual 
water  companies  as  may  be  designated  by  the  irrigation  board.  At  the 
time  set  for  the  hearing  the  irrigation  board  shall  hear  and  receive 
evidence  in  support  of  objections  which  may  be  presented  to  the  appor- 
tionment so  made,  and  shall  thereupon  make  its  order  approving, 
modifying  or  rejecting  such  apportionment.  Any  person  aggrieved  by 
the  order  of  the  irrigation  board  may  commence  an  action  in  the 
superior  court  of  any  county  in  which  any  part  of  said  conservation 
district  is  interested  to  have  said  apportionment  corrected,  modified  or 
annulled.  Such  action  must  be  commenced  within  thirty  days  after 
said  order  has  been  made  and  filed  in  the  office  of  the  secretary  of  the 
irrigation  board,  and  if  not  so  commenced  no  action  or  defense  shall 
thereafter  be  maintained  attacking  the  legality  of  said  apportionment  in 
any  respect. 

All  works  constructed  at  the  expense  of  any  irrigation  district 
created  under  this  act,  or  for  any  component  unit  of  a  conservation 
district,  or  for  which  the  same  is  assessed  or  charged  for  the  repayment 
of  moneys  expended  for  construction,  shall  forever  be  devoted  to  the 
purposes  of  such  constituent  district  or  unit  under  the  administration 
of  the  irrigation  board.  No  rates  shall  be  charged  by  an  irrigation 
district  formed  under  the  provisions  of  this  act  or  by  a  conservation 
district  for  the  use  of  water  for  irrigation  therein  or  for  power  developed 
in  connection  therewith,  except  for  the  just  proportion  of  such  irriga- 
tion district  or  the  units  of  such  conservation  district,  or  of  the  private 
corporations,  mutual  water  companies  or  mutual  ditch  companies 
entitled  to  or  receiving  the  benefits  of  the  construction  and  operation  of 
the  works  of  said  conservation  district,  for  the  expenses  of  the  govern- 
ing bodies  and  employees  thereof  and  of  the  maintenance,  operation, 


94  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

repair  and  supervision  of  the  works  constructed  for  the  benefit  of  such 
irrigation  district  or  conservation  district,  and  except  for  the  repayment 
of  moneys  appropriated  and  paid  as  the  cost  of  construction  of  the 
said  worlds  and  the  payment  of  bonds  issued  therefor  and  the  interest 
thereon. 

It  shall  be  the  duty  of  the  irrigation  board,  and  said  board  shall  have 
power  to  do  all  things  necessary  to  that  end,  to  control  and  supervise 
the  distribution  of  the  water  and  power  apportioned  as  herein  provided 
to  the  units  of  a  conservation  district  and  to  the  private  corporations, 
mutual  water  companies  and  mutual  ditch  companies  admitted  to  share 
in  the  benefits  thereof. 

Power  to  contract  for  repayment  of  money  expended. 

Sec.  11.  The  irrigation  board  shall  have  power  to  contract  with 
the  United  States  and  with  the  State  of  California  for  the  repayment 
of  moneys  appropriated  or  expended  in  the  construction  of  reservoirs, 
canals,  ditches  or  other  works  necessary  or  convenient  for  any  of  the 
purposes  herein  mentioned.  Such  repayment  shall  be  made  from 
assessments  upon  the  lands  benefited  by  such  works,  or  the  proceeds  of 
bonds  issued  thereon,  from  payments  made  by  private  corporations, 
mutual  ditch  companies  or  mutual  water  companies  contributing  their 
proportion  of  the  cost  of  constructing,  operating  and  maintaining  such 
works  as  provided  in  section  six  &-of  this  act,  or  from  revenues  derived 
by  the  irrigation  board  for  water  or  power  leased  or  sold  by  the  irriga- 
tion board  as  provided  in  this  act,  or  from  either,  all  or  any  of  said 
methods  of  repayment.  The  irrigation  board  may  also  deposit  with  the 
United  Stdtes  and  with  the  state,  bonds,  notes,  contracts,  leases,  agree- 
ments or  other  obligations  for  the  payment  of  money,  issued  or  executed 
by  irrigation  districts  formed  under  the  provisions  of  this  act,  or  by 
conservation  districts,  -or  the  component  units  of  such  conservation 
districts,  the  proceeds  to  be  applied  to  said  repayment  upon  such  terms 
as  may  be  agreed  upon  between  the  irrigation  board  and  the  United 
States  or  the  State  of  California. 

Power  to  purchase  land,  etc. 

Sec.  12.  The  irrigation  board  shall  have  power  to  acquire  within 
or  without  any  irrigation  district  created  under  this  act  or  any  con- 
servation district,  from  persons,  associations  or  private  corporations,  by 
purchase,  condemnation  or  other  lawful  means,  any  land,  water,  water 
rights,  reservoirs,  flumes,  ditches,  power  lines,  telegraph  or  telephone 
lines  or  other  works  or  parts  thereof  necessary  or  convenient  for  the 
purposes  herein  mentioned,  or  necessary  for  the  carrying  out  of  any  of 
the  projects  formed  hereunder. 

Advisory  board. 

Sec.  13.  The  chairmen  or  presiding  oflficers  of  the  governing  bodies 
of  the  respective  irrigation  districts,  reclamation  districts,  drainage 
districts  and  other  political  subdivisions  of  the  state  organized  to 
promote  irrigation,  reclamation  or  drainage,  constituting  units  of  a 
conservation  district  created  under  this  act,  and  of  the  private  corpora- 
tions,   mutual    water    companies    and    mutual    ditch   companies    con- 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  95 

tributing  to  the  cost  of  constructing,  operating  and  maintaining  the 
works  of  such  conservation  district,  shall  be  and  constitute  an  advisory 
board  to  consult  with  the  irrigation  board,  and  such  advisory  board 
shall  perforin  such  executive  and  administrative  functions  as  may  be 
determined  from  time  to  time  by  the  irrigation  board. 

Power  to  make  contracts. 

Sec.  14.  The  irrigation  board,  except  where  special  power  is  herein 
elsewhere  conferred,  shall  have  power  to  make,  execute  and  carry  out 
any  agreeinents  or  contracts  for  the  performance  of  any  act  or  the  con- 
struction of  any  works  provided  for  in  this  act,  and  may  make  con- 
tracts for  the  sale  or  rental  of  unapportioned  water  or  power~for 
periods  not  to  exceed  forty  years,  upon  such  terms  as  the  irrigation 
board  shall  prescribe.  All  revenues  received  by  the  irrigation  board 
from  such  sales  or  rentals  shall  be  apportioned  to  the  districts  con- 
stituting component  parts  of  such  conservation  district  and  to  the 
private  corporations,  mutual  water  companies  and  mutual  ditch  com- 
panies contributing  to  the  construction  of  the  project  from  which  such 
revenues  are  derived.  Such  apportionment  shall  be  made  in  the  ratio 
of  the  respective  amounts  of  assessments  levied  or  charges  made  for  the 
construction  of  the  works  in  connection  with  which  such  revenues  are 
derived. 

For  the  purpose  of  carrying  this  act  into  effect  and  of  accomplishing 
the  ends  and  objects  herein  exprassed,  and  the  development  and  utiliza- 
tion of  the  water  resources  of  this  state,  conservation  districts,  irriga- 
tion districts,  formed  under  the  provisions  of  this  act,  reclamation 
districts  and  other  political  subdivisions  of  the  state  organized  to  pro- 
mote irrigation,  reclamation  or  drainage,  and  private  corporations 
organized  for  the  purpose  of  selling  or  distributing  water  or  electric 
power  for  domestic,  irrigation,  manufacture,  or  other  beneficial  uses 
and  purposes,  and  mutual  water  companies  and  mutual  ditch  com- 
panies, may  enter  into  contracts  or  agreements  with  each  other  or  with 
other  districts,  political  subdivi.sions,  private  corporations,  associations 
or  persons,  for  the  development,  appropriation  or  storage  of  water  and 
the  apportionment  and  distribution  thereof,  and  the  management,  opera- 
tion and  maintenance  of  any  works  acquired  pursuant  to  this  section, 
and  the  division,  distribution  and  payment  of  the  cost  and  expense  of 
such  development,  appropriation,  storage,  apportionment,  distribution, 
management,  operation  and  maintenance.  -  And  every  and  all  such  con- 
tract or  contracts  shall  be  valid  and  binding,  in  accordance  with  their 
terms  and  provisions  respectively;  provided,  however,  that  before  any 
such  contract  or  contracts  shall  <ro  into  forc^  or  effect  or  become  binding 
for  any  purpose,  the  same  shall  be  submitted  to  and  approved  by  the  irri- 
gation board ;  and  provided,  further,  that  where  any  such  contract  relates 
to  or  affects  the  sale,  rental  or  distribution  of  water  or  electric  power,  or 
the  beneficial  use  of  water,  by  a  public  utility,  the  same  shall,  before 
it  goes  into  force  or  effect  or  becomes  binding,  be  submitted  to  and 
approved  by  the  railroad  commission  of  the  State  of  California.  And 
all  such  contracts  approved  as  herein  provided  shall  be  binding  and 
valid  for  all  purposes,  either  in  perpetuity  or  such  term  or  terms  as 
shall  be  specified  or  agreed  upon  therein  or  in  the  order  or  orders 
approving  the  same. 

7— 48S01 


96  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

The  provisions  of  this  section  are  in  aid  of  and  in  addition  to  other 
provisions  of  this  act,  and  the  same  shall  be  construed  and  considered 
as  so  in  aid  of  and  in  addition  to,  and  not  limited  by  or  restricted  by 
any  of  the  other  terms  or  provisions  of  this  act.  Nothing  in  this  section 
contained  shall  be  construed  to  affect  or  impair  the  organization  or 
rights  of  mutual  water  companies  or  mutual  ditch  companies  or  the 
rights  of  the  stockholders  or  members  of  such  companies. 

Surveys,  etc.,  of  conservation  districts. 

Sec.  15.  The  irrigation  board  shall,  upon  the  organization  of  any 
conservation  district  as  in  this  act  provided,  proceed  to  make  or  cause 
to  be  made,  all  necessary  examinations,  surveys,  plans  and  estimates  of 
cost  for  the  storage,  diversion  and  distribution  of  water  and  the  gen- 
eration of  electric  power  in  connection  therewith,  and  the  sale  and 
distribution  thereof  as  may  be  necessary  or  requisite  to  enable  said 
board  to  ascertain  and  estimate  the  requirements  and  works  necessary 
as  aforesaid  for  the  purposes  of  said  conservation  district  and  the 
probable  cost  and  expense  thereof,  and  in  that  connection  may  use  and 
adopt  all  previous  estimates,  surveys  and  reports  it  may  have  collected 
adapted  to  that  purpose,  and  may  employ  all  necessary  engineers  and 
bther  assistants  for  the  accomplishment  of  said  purposes,  and  the  cost 
thereof  shall  be  deemed  a  part  of  the  expense  of  said  project  and  may 
issue  warrants  therefor  and  same  shall  bear  interest  from  date  of  issue 
at  the  rate  of  six  per  cent  per  annum  until  paid,  and  shall  be  payable 
out  of  the  funds  of  said  district,  and  may  be  included  in  any  bond  issue 
authorized  for  the  purposes  of  said  district. 

Such  estimate  as  is  above  provided  for  shall  be  in  such  form  as  shall 
be  approved  by  said  irrigation  board  and  shall  be  entered  in  the  minutes 
of  said  board  and  shall  constitute  a  part  of  the  records  of  said  board,  and 
the  same,  or  a  copy  thereof,  certified  by  the  secretary  of  said  board, 
shall  be  admissible  as  evidence  in  any  proceeding  before  any  court, 
commission  or  tribunal  of  this  state  wherein  the  matters  therein  set 
forth  shall  be  admissible  in  evidence. 

Whenever,  for  any  of  the  purposes  of  this  act,  the  irrigation  board 
shall  deem  it  necessary  for  the  purposes  of  said  district,  or  the  levying 
of  an  assessment  upon  the  property  therein,  or  the  issuance  of  bonds  by 
said  district,  said  board  siiall  appoint  three  commissioners  for  such 
purpose  or  purposes.  Such  commissioners  shall  have  no  interest  in 
any  land  in  the  district,  either  directly  or  indirectly,  and  each  com- 
missioner before  entering  upon  his  duties  shall  make  and  subscribe  an 
oath  that  he  is  not  in  any  manner  interested  directly  or  indirectly  in 
any  land  in  said  district,  and  that  he  will  perform  the  duties  of  commis- 
sioner to  the  best  of  his  ability.  Thereupon  said  commissioners  shall 
proceed  separately  as  to  each  unit  within  said  district  to  view  and  assass 
upon  the  land  within  said  district  a  sum  sufficient  to  cover  said  esti- 
mated amount  and  shall  apportion  the  same  according  to  the  benefits 
which  will  accrue  to  each  unit  within  said  district,  and  separately  as 
to  each  tract  of  land  within  said  unit.  Such  benefits  to  be  estimated 
according  to  the  benefits  which  will  accrue  to  each  tract  of  land  in 
such  unit  by  reason  of  the  expenditure  of  said  estimated  sum,  and  shall 
estimate  the  same  in  gold  coin  of  the  United  States. 


CALIlf'ORNIA  IRRIGATION   DISTRICT   LAWS.  97 

Said  commissioners  sliall  prepare  and  certify  a  roll  on  which  they 
shall  state  the  name  and  address  of  the  owner  of  each  parcel  of  land 
in  such  unit,  or  if  the  name  or  address  of  any  owner  is  unknown,  then, 
that  fact ;  also  a  description  of  each  parcel  of  land  by  legal  subdivisions 
or  boundaries,  and  the  total  amount  assessed  against  each  parcel  of  land 
so  described.  No  mistake  in  the  name  of  the  owner,  or  supposed  owner 
of  any  parcel  of  land,  shall  invalidate  the  apportionment  or  assessment. 
A  separate  roll  shall  be  made  for  the  lands  in  each  county  where  such 
unit  includes  land  in  more  tlian  one  county.  When  completed  said  roll 
or  rolls  shall  be  filed  with  the  irrigation  board  and  certified  copies  of 
the  particular  roll  for  each  county  shall  be  filed  with  the  county  recorder 
of  any  county  in  which  any  lands  within  said  unit  may  be,  and  each  roll 
shall  be  open  for  inspection  by  the  public  for  at  least  thirty  days. 

The  irrigation  board  shall  appoint  a  time  and  place  not  less  than 
thirty  days  after  said  roll  has  been  filed  with  said  recorder  or  recorders 
when  and  where  it  will  meet,  within  said  conservation  district  for  the 
purpose  of  hearing  objection  to  said  assessment  and  the  apportionment 
thereof  and  notice  of  such  hearing  shall  be  published  at  least  once  a 
week  for  two  successive  weeks  in  some  newspaper  published  in  each 
county  in  which  any  lands  within  said  district  may  be.  At  any  time 
•  before  or  at  the  original  date  of  such  hearing,  any  person  interested  in 
any  real  estate  upon  which  any  charge  has  been  apportioned  and 
assessed,  may  file  in  the  office  of  the  secretary  of  said  irrigation  board 
written  objections  thereto,  stating  the  grounds  of  such  objections,  which 
said  statements  shall  be  verified  by  the  affidavit  of  such  person  or  some 
other  person  who  is  familiar  with  the  facts.  Said  irrigation  board  may 
postpone  such  hearing  from  time  to  time.  At  such  hearing  the  irri- 
gation board  shall  hear  such  evidence  as  may  be  offered  touching  the 
correctness  of  such  assessment  or  the  manner  of  its  apportionment 
and  may  modify  or  amend  the  same  and  may  reapportion  all  or  any  part 
of  the  entire  assessment.  No  assessment  or  apportionment  shall  be 
increased  except  upon .  the  hearing  of  objections  thereto  or  after 
personal  notice  or  notice  by  mail  to  the  owner  of  the  land  upon  which 
said  increase  is  made.  Said  irrigation  board  must  make  and  enter  in 
its  minutes  an  order  approving  said  assessment  and  apportionment  as 
finally  fixed,  and  the  decision  of  said  irrigation  board  shall  be  final, 
and  thereafter  said  assessment  and  apportionment  shall  be  conclusive 
evidence  of  the  validity  of  said  assessment  and  apportionment,  and  no 
action  or  defense  shall  ever  be  maintained  attacking  the  same  in  any 
respect.  And  the  records  of  said  irrigation  board,  or  a  copy  thereof 
certified  by  its  secretary,  shall  be  received  in  evidence  in  all  or  any  of 
the  courts  of  this  state,  or  before  any  board  or  tribunal  authorized  to 
hear  or  consider  any  matter  wherein  the  same  shall  be  admissible  as 
evidence.  No  change  shall  be  made  in  said  assessment  or  apportion- 
ment after  the  consideration,  approval  and  fixing  thereof  by  said  irri- 
gation board,  and  all  assessments  upon  the  property  of  said  district 
thereafter  shall  be  levied  in  accordance  therewith  and  consistent  with 
the  apportionment  of  benefits  therein  provided  for  and  fixed,  and  if 
any  assessments  are  called  for  or  required  in  addition  to  the  original 
amount  estimated  and  apportioned  for  the  purposes  of  said  district, 
such  additional  amount  shall  be  assessed,  levied  and  raised  in  accord- 
^ance  with  said  apportionment  and  assessment  of  benefits  so  fixed  in  the 


98  CAUPORNIA   IRRIGATION    DISTRICT   LAWS. 

first  instance  by  said  irrigation  board.  A  certified  copy  of  such 
assessment  and  apportionment  roll  as  finally  approved  shall  be  filed 
in  the  offices  of  the  county  recorder  of  each  county  in  which  any 
land  within  said  district  is  situated.  Such  assessment  and  appor- 
tionment shall  thereafter  constitute  a  first  lien  upon  the  land  affected 
thereby  until  the  full  amount  thereof  is  paid  or  until  all  bonds 
of  the  district  issued  thereon,  together  with  the  accrued  interest,  shall 
shall  have  been  fully  paid.  The  said  irrigation  board  .shall  on 
the  first  Tuesday  in  May  following  the  fixing  and  approval  of  said 
assessment  and  apportionment  therein  provided  for,  and  annually 
thereafter  on  said  date,  levy  an  assessment,  sufficient  to  raise  the  annual 
interest  on  the  outstanding  bonds  of  said  district,  and  in  any  year  in 
which  any  bonds  shall  fall  due  must  increase  such  assessment  to  an 
amount  sufficient  to  pay  the  principal  of  the  outstanding  bonds  as  they 
mature;  also  sufficient  to  pay  in  full  all  sums  that  may  become  due 
from  the  district  before  the  time  of  collection  of  the  next  annual  assess- 
ment, including  an  amount  sufficient  to  pay  in  full  the  amount  of  any 
contract  or  obligation  of  the  di.strict  which  may  come  due  during  said 
year  or  may  have  been  reduced  to  judgment.  And  to  provide  for  and 
maintain  a  fund  out  of  which  the  current  and  contingent  obligations  of 
said  district  can  be  paid  in  cash  as  they  mature.  In  addition  to  the 
amounts  estimated  as  necessary  for  the  purposes  aforesaid,  a  further 
levy  of  fifteen  per  cent  additional  shall  be  included  and  levied  for  the 
purposes  of  meeting  any  additional  amounts  that  may  be  required  on 
account  of  delinquencies  and  to  insure  the  payment  of  all  of  the  bonded 
indebtedness,  including  the  interest  thereon  and  other  obligations  of 
said  district  at  maturity.  Whenever  there  is  a  surplus  in  the  funds  of 
said  district  over  and  above  all  requirements  as  herein  specified  for  the 
payment  of  the  bonded  indebtedness  and  interest  thereon  and  accrued 
obligations  of  said  district,  such  a  surplus  may  be  used  and  applied  in 
retiring  the  outstanding  bonds,  or  any  thereof,  of  said  district.  The 
secretary  of  the  irrigation  board  must  compute  and  enter  in  a  separate 
column  of  the  assessment  book  the  respective  sums  in  dollars  and  cents 
to  be  paid  as  an  assessment  upon  the  property  therein  enumerated.  In 
so  doing,  said  secretary  shall  enter  the  names  of  the  owners  of  such 
lands  and  the  descriptions  thereof  in  accordance  with  the  last  assess- 
ment roll  of  the  county  in  which  the  said  lands  are  situated.  Such 
assessment  must  be  so  levied  and  computed  as  to  be  in  accordance  with 
the  apportionment  and  assessment  of  benefits  herein  provided  for  and 
so  that  all  lands  within  said  district  shall  be  assessed  and  required  to 
pay  in  accordance  therewith. 

The  secretary  of  said  board  shall  forthwith  deliver  a  certified 
copy  of  that  portion  of  said  assessment  so  directed  to  be  entered  by  him, 
so  far  as  it  applies  or  appertains  to  any  land  within  any  county  situated 
within  said  district  to  the  county  auditor  of  such  county,  and  such 
auditor  shall  accept  and  receipt  for  the  same;  and  thereupon  it  shall 
be  the  duty  of  said  auditor  to  include  said  assessment  as  an  assessment 
against  each  parcel  or  tract  of  land  therein  described.  It  shall  be  the 
duty  of  said  auditor  to  examine  and  ascertain  as  to  any  errors  or 
discrepancies  that  may  exist  in  said  roll  as  to  the  ownership  of,  or  the 
descriptions  of,  land  as  applied  to  any  owner  or  owners  thereof  as  com- 
pared with  the  assessment  roll  of  the  said  county  for  such  year,  and  if 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  99 

any  such  difference  or  discrepancies .^re  found,  it  shall  be  the  duty  of 
said  auditor  to  correct  the  same  accordingly  so  that  the  said  roll  as 
to  ownerships  and  descriptions  of  land  and  assessments  thereof  shall 
correspond  to  the  assessment  roll  of  said  county  and  for  such  year. 
And  it  shall  be  his  duty  to  audit,  enter  and  certify  the  same  to  the  tax 
collector  of  said  county  for  collection  in  the  same  manner  and  form  as 
county,  school  district  and  other  taxes  are  included  and  certified  by  him 
to  such  tax  collector,  and  all  such  assessments  shall  constitute  a  first 
lien  upon  the  lands  affected  thereby  as  hereinbefore  provided. 

The  board  of  supervisors  is  hereby  authorized  and  empowered  to 
employ  what  extra  clerical  force  is  necessary  to  perform  the  additional 
duties  herein  prescribed  for  the  auditor.  Said  extra  clerks  shall 
receive  as  compensation  for  the  work  herein  provided  a  per  diem  not 
to  exceed  five  dollars  which  shall  be  paid  by  the  districts  operating 
under  the  provisions  of  this  act  in  proportion  to  the  amount  of  work 
done  for  each  and  it  shall  be  the  duty  of  the  clerk  of  said  board  to  issue 
warrants  payable  to  such  clerks  employed  as  herein  provided  out  of  the 
funds  of,  the  districts,  upon  the  presentation  of  a  verified  demand, 
approved  by  the  auditor  and  the  board  of  supervisors. 

Upon  receipt  of  the  same  from  the  auditor  of  such  county  it  shall  be 
the  duty  of  the  tax  collector  of  said  county  to  include  the  same  as  a 
separate  entry  and  charge  against  the  land  therein  described  and  to 
collect  the  same  with  the  county,  school  district  and  other  taxes  so 
required  to  be  collected  by  such  county  tax  collector  and  to  keep  and 
deposit  such  district  taxes  in  a  separate  fund,  and  when  the  same  is 
collected  it  shall  be  the  duty  of  such  tax  collector  to  pay  the  same  over 
to  the  treasurer  of  such  county  at  the  same  time  and  in  the  same  manner 
as  other  taxes  collected  by  him  are  paid  over  to  such  treasurer,  and  it 
shall  be  the  duty  of  such  treasurer  to  receive  the  same  as  other  taxes  are 
received  by  him  and  after  receipt  thereof  to  keep  the  same  in  a  separate 
fund ;  and  upon  receipt  of  same,  or  any  part  thereof,  it  shall  be  the  duty 
of  such  county  treasurer  within  thirty  days  thereafter  to  pay  the  same 
and  all  thereof  to  the  treasurer  of  the  State  of  California,  who  shall 
receive  and  keep  the  same  and  depasit  the  same  in  a  separate  fund  to 
the  credit  of  the  said  district,  and  to  be  paid  out  by  him  upon  the  order 
and  approval  of  the  said  irrigation  board. 

All  moneys  received  under  contracts,  leases  or  other  arrangements  by 
such  conservation  district  from  any  canal  companies,  mutual  or  other 
water  companies,  reclamation  districts,  or  from  any  corporations,  indi- 
viduals, or  other  sources  not  herein  otherwise  provided  for  shall  be  col- 
lected by  said  irrigation  board  and  by  it  deposited  with  the  state  treas- 
urer, and  thereafter  to  be  disbursed  as  provided  as  to  funds  of  such 
district  under  the  order  and  direction  of  such  irrigation  board  for  the 
purposes  and  obligations  of  said  district,  including  the  payment  and 
retirement  of  outstanding  bonds  with  interest  thereon. 

From  and  after  the  time  of  the  filing  of  such  assessment  roll  of  such 
district  with  the  auditor  of  any  county  the  taxes  therein  enumerated, 
levied  and  assessed,  shall  be  regarded  and  treated  as  are  the  other  taxes 
of  said  county  or  the  school  districts  thereof,  and  the  same  shall  be 
included  in  and  considered  a  part  of  such  taxes  and  the  same  shall 
become  delinquent  at  the  same  time  and  in  the  same  manner  as  such 


100  CALIFORNIA   IRRIGATION   DISTRICT  LAWS, 

other  taxes,  and  with  respect  to  any  delinquency  or  delinquent  notices 
the  same  shall  become  delinquent  and  notice  thereof  shall  be  published 
with  and  at  the  same  time  and  in  the  same  manner  as  other  delinquent 
taxes,  and  the  same  shall  be  similarly  treated  for  all  purposes  of  notice 
and  sale  thereof  for  such  delinquent  taxes,  and  shall  be  subject  to 
redemption  from  such  delinquent  district  taxes  at  the  same  time  and  in 
the  same  manner  and  through  the  same  officials  as  are  such  other  taxes. 
And  any  and  all  charges  and  penaltias  in  connection  with  such  delin- 
quency and  interest  thereon  and  penalties  in  connection  therewith  shall 
be  similarly  charged  and  collected,  and  the  amounts  so  collected  on 
account  of  any  such  delinquent  taxes  or  interest  or  penalties  thereon  shall 
be  received  by  the  county  treasurer  and  paid  over  to  the  state  treasurer 
in  the  same  manner  as  is  hereinabove  provided,  and  in  the  event  of  the 
sale  of  any  property  for  delinquent  taxes  of  such  counties  or  ^ther 
delinquent  taxes,  said  district  taxes  shall  be  included  therein  and  said 
property  shall  be  sold  therefor  in  connection  with  and  including  such 
other  taxes,  and  upon  a  redemption  thereof  or  upon  a  sale  of  said  lands 
the  said  district  taxes  shall  be  included  therein  and  together  with 
interest  and  penalties  thereon  the  same  shall  be  received  and  paid  over 
to- the  county  treasurer,  and  by  him  paid  over  to  the  state  treasurer,  as 
hereinbefore  provided. 

Issue  of  bonds. 

Sec.  16.  At  any  time  after  the  irrigation  board  shall  have  made  the 
examinations,  surveys,  plans  and  estimates  of  cost  for  the  storage, 
diversion  and  distribution  of  water,  and  for  the  other  purposes 
enumerated  in  this  act,  and  after  the  same  has  been  entered  in  the 
minutes  of  said  board  and  shall  have  also  had  assessed  and  apportioned 
upon  the  lands  in  said  conservation  district  the  charges  and  benefits  and 
apportionments  provided  for  in  this  act,  and  after  such  apportionment 
and  assessment  'roll  shall  have  been  finally  fixed  and  approved  by  the 
said  board,  and  after  the  same  has  been  entered  in  the  minutes  of  the 
said  board  must,  as  soon  as  may  be  practicable,  proceed  and  issue  the 
bonds  of  said  district  for  the  purposes  aforesaid. 

The  said  board  shall,  in  connection  with  the  previous  estimates  made 
and  adopted  by  it,  estimate  the  amount  of  money  necessary  to  be  raised 
by  such  bond  issue  for  the  purposes  of  said  district,  as  aforesaid,  and 
shall  ascertain  and  determine  the  same  and  enter  its  order  to  that 
effect  in  the  minutes  of  said  board.  And  whenever  thereafter  the 
construction  fund  has  been  exhausted  by  expenditures  herein  author- 
ized, and  it  is  necessary  to  raise  additional  money  for  such  purposes,  it 
shall  be  the  duty  of  said  board  to  estimate  and  determine  the  amount 
of  money  necessary  to  be  raised  for  such  additional  purpases. 

P^or  the  purposes  of  such  bond  issue,  or  additional  bond  i.ssue,  t}ie 
said  board  shall  be  authorized  to  employ  engineers  and  other  assistants 
and  make  all  such  further  examinations  and  estimates  as  may  be  neces- 
sary, to  fix  and  determine  such  matters  and  the  conclusion  and  estimates 
of  said  board  .sliall  be  entered  in  its  minutes.  Said  irrigation  board 
shall  by  order  entered  in  its  records  order  a  special  election  to  be  held 
at  such  places  in  said  district  as  shall  be  designated  by  said  irrigation 
board,  and  at  least  one  such  place  shall  be  designated  as  a  voting  place 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  101 

in  each  unit  of  said  conservation  district  at  which  said  election  there 
shall  be  submitted  to  the  owners  of  land  in  said  district  the  question  of 
whether  or  not  the  bonds  of  said  district  shall  be  issued  in  the  amount 
specified  in  the  order  of  said  board,  and  which  amount  shall  be  statf.d 
in  the  order  for  such  special  election.  For  all  purposes  of  this  act  relat- 
ing to  signing  petitions  and  voting  at  any  election,  and  for  all  other 
purposes  where  the  question  of  title  to  land  claimed  to  be  owned  by 
such  voter  or  owner  is  involved,  the  equalized  assessment  roll  for  the 
year  last  preceding  in  e«ch  county  wherein  any  land  of  the  said  district 
is  situated,  shall  be  sufficient  evidence  of  ownership  of  lands  in  the 
district,  and  the  certificate  of  the  register  of  the  United  States  land 
office  in  which  the  lands  are  situated  or  of  the  surveyor  general  of  the 
State  of  California,  shall  be  sufficient  evidence  of  possessory  right  in 
any  lands  in  the  district  entered  under  the  laws  of  the  United  States  or 
of  the  State  of  California.  Guardians,  executors,  administrators  and 
other  persons  holding  land  in  a  trust  capacity  under  appointment  of 
court  may  sign  any  such  petition  and  may  vote  without  obtaining  any 
special  authority  therefor.  Said  irrigation  board  shall  at  the  time  of 
calling  the  said  election  designate  in  its  order  the  voting  places  at  which 
said  election  shall  be  held  and  where  votes  shall  be  cast  and  shall 
designate  three  landholders  of  the  district  to  act  as  a  board  of  election  at 
each  voting  place. 

Notice  of  such  special  election  must  be  given  by  the  irrigation  board 
by  posting  notipe  thereof  in  at  least  three  public  places  in  each  unit  of 
the  district  at  least  twenty  days  prior  thereto,  and  also  by  publishing 
such  notice  once  a  week  for  the  same  length  of  time  in  some  newspaper 
of  general  circulation,  published  in  each  county  in  which  any  portion  of 
said  di.strict  may  be  situated,  or  if  there  ])e  no  newspaper  published  in 
any  one  of  such  counties,  then  in  each  county  wherein  such  newspaper 
is  published;  and  such  notice  must  specify  tlie  time  and  phice  of  hold- 
ing said  election  and  the  aggregate  face  value  of  bonds  proposed  to  be 
issued  and  the  names"  of  three  landholders  of  said  district  to  act  as  a 
board  of  election  at  each  polling  place.  Affidavits  of  the  publication 
and  pasting  of  such  notice  must  be  filed  with  the  clerk  of  said  irrigation 
board. 

At  such  election  each  owner  of  lands  in  the  district  shall  be  entitled 
to  vote  in  person  or  by  proxy,  and  shall  have  the  right  to  ca.st  one  vote 
for  each  acre  of  real  estate  owned  by  him  in  the  district,  such  ownership 
to  be  determined  from  the  next  preceding  assessment  roll  of  the  county 
or  counties  in  which  the  lands  of  the  district  are  situated  and  the 
irrigation  board  shall,  prior  to  the  election,  cause  to  be  prepared  and 
certified  and  furnished  to  the  board  of  election  at  each  polling  place,  a 
true  and  correct  copy  of  each  of  said  next  preceding  assessment  rolls 
so  far  as  such  assessment  roll  applies  to  any  lands  within  such  district, 
and  shall  likewise  cause  to  be  prepared  and  furnished  lists  certified  by 
the  register  of  the  United  States  land  office  and  the  surveyor  general 
of  the  State  of  California  respectively  showing  the  lands  within  the 
district  entered  upon  under  the  laws  of  the  United  States  and  the 
State  of  California  respectively,  which  .said  list,  so  far  as  disclosed  by 
the  records  of  said  officers,  shall  contain  the  names  of  the  persons 
entitled  to  possessory-  rights  therein  and  the  quantity  of  land  held  by 


102  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

each  of  said  persons  by  virtue  of  said  rights.  Said  certified  rolls  and 
certified  lists  shall  be  used  by  the  board  of  election  in  determining  the 
number  of  votes  each  voter  is  entitled  to  cast.  Executors,  administra- 
tors, special  administrators  and  guardians  may  cast  the  vote  of  the  estates 
represented  by  them.  No  person  shall  vote  by  proxy,  at  such  election 
unless  authority  to  cast  such  vote  shall  be  evidenced  by  an  instrument 
in  writing,  duly  acknowledged  and  certified  in  the  same  manner  as 
grants  of  real  property  and  filed  with  the  board  of  election. 

The  ballots  cast  at  such  election  shall  contain  the  words  "bonds, 
yes"  or  "bonds,  no"  and  also  the  name  of  the  person  casting  the  ballot, 
with  the  number  of  votes  cast  by  him.  A  list  of  the  ballots  cast  shall 
be  made  by  the  board  of  election  containing  the  name  of  each  voter, 
and,  if  the  ballots  be  cast  by  proxy,  the  name  of  the  person  casting  it 
and  the  number  of  votes  cast  by  each  and  whether  the  same  be  cast  for 
or  against  the  issuing  of  bonds. 

If  any  person  appointed  as  a  member  of  the  board  of  election  shall 
fail  to  attend  at  the  opening  of  the  polls,  the  voters  then  present,  voting 
individually,  may  appoint  in  his  place  any  landholder  in  the  district. 
Each  member  of  said  board  of  election  must,  before  entering  upon  his 
duties,  take  and  subscribe  an  official  oath,  to  faithfully  perform  his 
duties  HH  an  officer  of  such  election,  which  oath  may  be  administered  by 
an  officer  authorized  to  administer  oaths,  or  by  a  landholder  in  the 
district. 

The  polls  shall  be  kept  t)pen  from  ten  o'clock  a.m.  of  the  day  of 
election  until  five  o'clock  p.m.  of  that, day. 

At  the  close  of  the  polls  the  board  of  election  shall  at  once  proceed  to 
canvass  the  votes  and  declare  the  result,  and  shall  forward  a  certificate 
showing  such  result  and  the  number  of  votes  cast  for  and  against  the 
issuing  of  the  bonds  to  the  irrigation  board  and  shall  also  deliver  to  the 
said  irrigation  board  all  ballots  east  at  such  election  and  all  documents 
and  papers  usecf  at  such  election. 

Said  irrigation  board  shall,  upon  the  receipt  of  such  canvass  and 
declaration  of  the  result  from  the  .said  board  of  election,  proceed  to 
examine  the  same  and  shall  ascertain  and  declare  the  result  as  shown 
by  such  canvass  and  declaration,  and  shall  enter  an  order  in  its  minutes 
that  the  said  propo.sition  for  the  issuance  of  said  bonds  has  been  carried 
or  defeated,  as  the  case  may  be. 

Forthwitii,  upon  the  declaration  of  the  result  of  said  election  by  said 
irrigation  board,  the  secretary  of  said  board  shall  make  a  certified 
copy  of  the  order  of  said  board,  declaring  the  result  of  said  election, 
and  shall  forward  said  certified  copy  or  copies  to  the  recorder  or 
recorders  of  the  counties  in  which  any  land  of  said  conservation  district 
may  be  situated,  and  the  same  shall  forthwith  be  filed  and  recorded  in 
said  recorder  or  recorders'  office,  and  .shall  impart  notice  to. all  interested 
persons  as  to  the  result  of  said  election. 

Any  person  owning  property  within  the  said  district,  liable  to  assess- 
ment, may  contest  such  election.  ])y  filing  a  written  contest  specifying 
the  grounds  of  his  objections  thereto,  with  said  irrigation  board,  said 
written  contest  to  be  filed  within  thirty  days  after  the  declaration  of 
the  result  of  .said  election  bv  said  irrigation  board,  and  if  no  such  contest 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  103 

and  objections  be  filed  within  thirty  days,  no  such  contest  and  objec- 
tions shall  thereafter  be  received  or  filed.  Such  written  contest  shall 
specify  the  ground  or  grounds  of  contest  to  said  election,  and  upon  the 
filing  of  the  same  with  said  irrigation  board  shall  expeditiously  set  the 
said  contest  for  hearing,  and  shall  have  the  right  to  postpone  the  hearing 
for  such  time  as  may  be  necessary,  but  not  otherwise,  and  shall  expedi- 
tiously hear  and  determine  the  same.  For  the  purposes  of  such  hear- 
ing the  board  may  by  subpoena,  signed  by  the  secretary,  under  its  seal, 
compel  the  attendance  of  witnesses  and  the  production-  of  evidence. 
Disobedience  of  such  subpoena  or  of  any  lawful  order  of  the  board  in  the 
premises  shall  constitute  a  contempt  of  the  authority  of  the  board  pun- 
ishable by  the  board  in  accordance  with  title  five  of  part  three,  of  the 
Code  of  Civil  Procedure,  and  shall  also  constitute  a  misdemeanor  under 
section  one  hundred  sixty-six  of  the  Penal  Code.  Said  irrigation  board 
shall,  upon  the  conclusion  of  said  hearing  of  said  contest,  proceed  forth- 
with to  enter  its  order  and  decision  thereon.  Such  decision  on  the  part 
of  said  irrigation  board  shall  be  final,  conclusive  and  binding  upon  all 
parties  interested  as  to  validity  and  as  to  result  of  such  election  and 
shall  be  subject  to  review  only  in  event  suit  is  brought  by  the  .said 
district  or  by  some  person  or  corporation  or  association  authorized  to 
bring  the  same  to  determine  the  question  of  the  validity  of  the  said 
bond  issue,  and  in  th^ determination  and  adjudication  of  the  question  of 
the  validity  of  said  bond  issue,  as  hereinafter  specified,  the  court  may 
review  and  consider  the  validity  of  said  election  for  the  issuance  of  said 
bonds,  but  in  such  action  the  certificate  and  determination  of  said 
irrigation  board  shall  be  received  and  accepted  by  the  court  as  prima 
facie  evidence  of  the  result  as  to  the  validity  of  said  election  and  the 
regularity  of  the  canva.ssing,  counting  and  return  of  the  votes  ca.st  at 
said  election.  If  a  majority  of  the  votes  cast  at  such  an  election  is  in 
favor  of  the  Ls.suance  of  bonds,  the  irrigation  board  after  canva.ssing  the 
returns  and  declaring  the  result  of  said  election  shall  cau.se  bonds  in 
the  amount  stated  in  the  order  for  the  election  to  be  issued,  executed 
and  delivered  to  the  state  treasurer  of  the  State  of  California.  Said 
bonds  .shall  be  of  the  denomination  of  not  less  than  one  hundred  dol- 
lars nor  more  than  one  thousand  dollars  each ;  they  shall  be  signed  by 
the  president  of  the  irrigation  board  and  attested  by  the  secretary 
thereof,  and  shall  be  numbered  consecutively  in  the  order  of  their 
maturity,  and  shall  bear  interest  at  the  rate  not  exceeding  six  per 
centum  per  annum,  payable  semiannually  on  the  first  day  of  January 
and  the  first  day  of  July  in  each  year,  at  the  office  of  said  state  treas- 
urer, upon  the  presentation  of  the  proper  coupons  therefor.  Coupons 
for  each  in.stallment  of  interest  shall  be  attached  to  said  bonds  and 
shall  bear  the  facsimile  signature  of  the  state  treasurer  of  the  State  of 
California. 

The  principal  of  .said  bonds  shall  be  made  payable,  by  an  order 
entered  into  the  miimtes  of  the  irriiration  board,  upon  the  first  day  of 
July  or  the  first  day  of  January,  and  in  such  years  as  the  irrigation 
board  may  prescribe.  Said  bonds  shall  be  payable  serially  within  forty 
years  from  their  date  in  the  manner  following,  to  wit : 


-104  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

Not  less  than  five  per  cent  of  the  aggregate  face  value  of  the  bonds 
issued  shall  he  payable  each  year,  beginning  not  later  than  the  twentieth 
year  from  their  date  until  the  whole  amount  of  said  bonds  have  been 
paid. 

Said  irrigation  board,  subject  to  the  provisions  of  this  act,  is 
authorized  and  empowered  to  take  all  such  actions  and  make  all  such 
orders  as  may  be  necessary  in  connection  with  the  issuance,  sale  and 
disposition  of  said  bonds. 

Said  bonds  may  be  substantially  in  the  following  form : 

UNITED   STATES   OF   AMERICA. 

STATE  OF  CALIFORNIA. 

No. $ 

(Name  of  district)    Conservation  District  No.   for 

value  received,  hereby  acknowledge  itself  indebted  to  and  promises  to 
pay  to  the  holder  hereof  at  the  office  of  the  state  treasurer  of  the 

State  of  Califoi'nia,  on  the  first  day  of ,  19 ,  the  sum 

of  $ ,  in  gold  coin  of  the  United  States  of  America,  with 

interest  thereon  in  like  gold  coin  from  date  hereof  until  paid,  at  the 

rate  of per  cent  per  annum,  payable  at  the  office  of  said 

treasurer  semiannually  on  the  first  day  of  January  and  the  firsj;  day 
of  July  in  each  year  on  prasentation  and  surrender  of  the  interest 

coupons  hereto  attached.     This  bond  is  one  of  a  series  of 

bonds  of  like  tenor  and  effect,  except  as  to  denomination  and  maturity, 

numbered  from to ,  inclusive,  amounting  in 

the  aggregate  to  $ ,  issued  in  accordance  with  the  Cali- 
fornia irrigation  act,  pursuant  to  an  election  held  in  said  district  on 

the day  of ,  19 ,  authorizing  its 

issuance,  and  is  based  upon  and  secured  by  a  lien  upon  and  a  valuation 
and  apportionment  levied  on  the  land  in  said  district  and  filed  in  the 

office  of  the  state  irrigation  board  on  the day  of , 

19 And  the  said  district  does  hereby  certify  and  declare  that 

said  election  was  duly  called  and  held  upon  due  notice,  and  the  result 
thereof  was  duly  canvassed  and  ascertained,  in  pursuance  of  and  in 
strict  conformity  with  the  laws  of  the  State  of  California  applicable 
thereto,  and  that  all  of  the  acts  and  conditions  and  things  required  by 
law  to  be  done  precedent  to  and  in  the  issue  of  said  bonds  have  been 
done  and  have  been  performed  in  regular  and  in  due  form  and  in  strict 
accordance  with  the  provisions  of  the  law  authorizing  the  issuance  of 
such  district  bonds. 

In  testimony  whereof,  the  said  conservation  district,  acting  by  and 
through  the  irrigation  board  of  the  State  of  California,  has  caused  this 
bond  to  be  signed  by  the  president  of  said  irrigation  board,  and  attested 

by  the  secretary  thereof,  with  his  seal  of  office  affixed,  this 

day  of ,  19 

By _ 

President  of  said  board. 

Attest: 

Secretary  of  said  board. 


CALIFORNIA  IRRIGATION  DISTRICT   LAWS.  105 

And  the  interest  coupon  may  be  substantially  in  the  following  form  f 
No $ 

The  state  treasurer  of  the  State  of  California  will  pay  to  the  holder 

hereof  on  the day  of ,  19 ,  at  his  office  in  the 

city  of  Sacramento,  State  of  California,  the  sum  of  $ in  gold 

coin  of  the  United  States  out  of  the  funds  of district 

for  interest  on  bond  of  said  district  numbered 


State  treasurer. 

The  state  treasurer  shall  place  the  bonds  prepared  pursuant  to  this 
act  to  the  credit  of  the  district  and  the  irrigation  board  may  in  its 
discretion  direct  the  state  treasurer  to  sell  the  whole  or  any  designated 
number  of  said  bonds  for  the  best  price  obtainable  therefor,  but  in  no 
event  for  less  than  ninety  per  cent  of  the  face  value  of  said  bonds  and 
the  accrued  interest  thereon.  Before  making  a  sale  of  said  bonds, 
notice  shall  be  given  by  the  state  treasurer  by  publication  at  least  once 
a  week  for  three  weeks  in  a  newspaper  of  general  circulation  published 
in  the  city  of  Sacramento,  and  also  one  or  more  papers  in  said  district, 
that  he  will  sell  a  specified  amount  of  said  bonds,  and  stating  the  day, 
hour  and  place  of  such  sale,  and  asking  sealed  proposals  for  the  purcha.se 
of  said  bonds,  or  any  part  thereof.  At  the  time  appointed  the  state 
treasurer  shall  open  the  bids  and  award  the  bonds  to  the  highest 
respoiLsible  bidder.  lie  may  reject  any  and  all  bids.  Any  sale  by  the 
state  treasurer  and  delivery  of  the  bonds  thereunder  shall  be  conclusive 
evidence  in  favor  of  the  purchaser  and  all  subsequent  holders  of  the 
bonds  that  such  sale  was  made  upon  due  authority  and  notice.  The 
proceeds  of  sale  of  said  bonds  shall  be  placed  in  the  state  treasury  to 
the  credit  of  said  di.strict,  and  a  proper  record  of  such  transaction  .shall 
1)e  made  upon  his  hooks.  At  any  time  after  said  bonds  shall  have  been 
delivered  to  the  state  treasurer,  an  action  may  be  commenced  in  the 
superior  court  of  the  county  within  which  is  situated  the  largest  area  of 
land  within  said  district  by  the  irrigation  board  in  the  name  of  the 
district  or  by  any  unit  of  said  di.strict  or  by  any  person  owning  property 
within  the  said  district  liable  to  assessment.  Such  action  shall  be 
brought  and  prosecuted  ascainst  the  lands  in  said  district  and  all  per.sons 
owning  the  same  or  intere.sted  therein,  to  have  it  determined  as  to 
whether  or  not  said  bonds  when  sold  will  be  a  legal  obligation  of  such 
district.  It  shall  be  sufficient  to  describe  said  lands  a.s  all  lands  in  the 
district  (naming  it)  without  a  more  specific  description.  The  summons 
shall  be  published  once  a  week  for  three  weeks  in  some  newspaper  of 
general  circulation  published  in  the  county  where  the  action  is  pending. 
Within  thirty  days  after  the  first  publication  of  .sunnnons  any  owner 
of  land  in  such  district,  or  any  person  interested,  may  appear  and 
answer  the  complaint,  which  answer  shall  .set  forth  the  facts  relied  upon 
to  show  the  invalidity  of  said  bonds.  The  default  of  all  defendants  not 
so  appearing  may  be  entered.  Such  action  shall  be  given  precedence 
in  hearing  and  trial  over  all  other  civil  actions  in  such  court  and  judg- 
ment rendered  declaring  such  matter  so  contested  either  valid  or  invalid. 


106  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

Any  party  not  in  default  may  have  the  right  to  appeal  to  the  supreme 
court  within  thirty  days  after  entry  of  judgment  and  said  appeal  and 
the  hearing  thereof  shall  be  expedited  in  said  court.  Judgment  for  the 
plaintiff  in  such  proceedings  shall  be  considered  as  a  judgment  in  rem 
and  shall  be  conclusive  against  said  district  and  against  all  lands  therein 
and  all  owners  thereof  and  all  other  interested  persons. 

The  irrigation  board  may  draw  warrants  upon  the  state  treasurer 
against  the  fund-s  provided  by  sale  of  said  bonds. 

The  money  derived  from  the  sale  of  any  of  said  bonds  shall  be  received 
by  the  state  treasurer  and  shall  by  him  be  safely  kept  and  placed  to  the 
credit  of  said  district  in  a  fund  to  be  designated  in  the  name  of  such 
district  for  the  said  district  and  may  be  drawn  and  expended  upon 
w^arrants  drawn  against  said  fund  as  in  this  act  provided. 

Bonds  of  any  district  issued  pursuant  to  the  provisions  of  this  act 
which  are  investigated  and  approved  by  any  commission  or  officer  now 
or  hereafter  authorized  by  the  laws  of  this  .state  to  conduct  such  investi- 
gation and  give  such  approval  and  by  authority  of  which  approval  said 
bonds  are  declared  to  be  legal  investments  for  savings  banks  may  be 
lawfully  purchased  or  received  in  pledge  for  loans  by  banks,  trust 
companies,  guardians,  executors,  administrators  and  special  admin- 
istrators, or  by  any  public  officer  or  officers  of  this  state,  or  of  any 
county,  city,  city  and  county  or  other  municipal  or  corporate  body 
within  the  state  having  or  holding  funds  which  they  are  allowed  by  law 
to  invest  or  loan. 

If  after  said  district  has  authorized  the  issuance  and  sale  of  a  series 
of  bonds  under  this  act,  it  shall  become  necessary  so  to  do,  an  additional 
bond  issue  or  series  of  bonds  may  be  authorized  and  sold  and  all  pro- 
ceedings shall  be  had  and  taken,  and  all  procedure  in  connection  with 
said  second  issue  or  serias  of  bonds  shall  be  had  and  taken  in  accordance 
with  ,the  provisions  of  this  act  as  to  the  first  issue  of  bonds ;  provided, 
that  said  second  issue  or  series  of  bonds  shall  not  be  issued  .so  as  to  in 
any  manner  interfere  with  the  lien  or  security  of  the  payment  of  the 
first  issue  of  bonds,  and  said  second  issue  or  series  of  bonds  shall,  as  to 
the  lien  thereof  and  as  to  the  security  of  same,  be  subsequent  and  sub- 
ordinate and  subject  to  such  first  bond  issue. 

Surveys,  etc.,  of  irrigation  district. 

Sec.  17.  The  irrigation  board  shall,  upon  the  organization  of  any 
irrigation  district  as  in  this  act  provided,  proceed  to  make  or  cause  to 
be  made,  all  necfessary  examinations,  surveys,  plans  and  estimates  of  cost 
for  the  storage,  diversion  and  distribution  of  water  and  the  generation 
of  electric  power  in  connection  therewith,  and  the  sale  and  distribution 
thereof  as  may  be  necessary  or  requisite  to  enable  said  board  to  ascer- 
tain and  estimate  the  requirements  and  works  necessary  as  aforesaid 
for  the  purpases  of  said  irrigation  district  and  the  profjable  cast  and 
expense  thereof,  and  in  that  connection  may  use  and  adopt  all  previous 
estimates,  surveys  and  reports  it  may  have  collected  adapted  to  that 
purpose,  and  may  employ  all  necessary  engineers  and  other  assistants 
for  the  accomplishment  of  said  purposes,  and  the  cost  thereof  shall  be 
deemed  a  part  of  the  expense  of  said  project,  and  may  issue  warrants 
therefor  and  same  shall  bear  interest  from  date  of  issue  at  the  rate  of 


CALIFORNIA  IRRIGATION   DISTRICT  LAWS.  107 

six  per  cent  per  annum  until  paid,  and  shall  be  payable  out  of  the  funds 
of  said  district,  and  may  be  included  in  any  1x)nd  issue  authorized  for 
the  purposes  of  said  district. 

Such  estimate  as  is  above  provided  for  shall  be  in  such  form  as  shall 
be  approved  by  said  irrigation  board  and  shall  be  entered  in  the  minutes 
of  said  board  and  shall  constitute  a  part  of  the  records  of  said  board, 
and  the  same,  or  a  copy  thereof,  certified  by  the  secretary  of  said  board, 
shall  be  admissible  as  evidence  in  any  proceeding  before  any  court, 
commission  or  tribunal  of  this  state  wherein  the  matters  therein  set 
forth  shall  be  admissible  in  evidence. 

Whenever,  for  any  of  the  purposes  of  this  act,  the  irrigation  board 
shall  deem  it  necessary  for  the  purposes  of  said  irrigation  district,  or 
the  levying  of  an  assessment  upon  the  property  therein,  or  the  issuance 
of  bonds  by  said  irrigation  district,  said  board  shall  appoint  three  com- 
missioners for  such  purpose  or  purposes.  Such  commissioners  shall 
have  no  interest  in  any  land  in  the  irrigation  district,  either  directly 
or  indirectly,  and  each  commissioner  before  entering  upon  his  duties 
shall  make  and  subscribe  an  oath  that  he  is  not  in  any  manner  inter- 
ested directly  or  indirectly  in  any  land  in  said  irrigation  district,  and 
that  he  will  perform  the  duties  of  commissioner  to  the  best  of  his 
ability.  Thereupon  said  commissioners  shall  proceed  to  view  and  assess 
upon  the  land  within  said  irrigation  district  a  sum  sufficient  to  cover 
said  estimated  amount  and  shall  apportion  the  same  according  to  the 
benefits  which  will  accrue  to  each  tract  of  land  within  said  irrigation 
district,  such  benefits  to  be  estimated  according  to  the  benefits  which 
will  accrue  to  each  tract  of  land  in  such  irrigation  district  by  reason 
of  the  expenditure  of  said  estimated  sum,  and  shall  estimate  the  same 
in  gold  coin  of  the  United  States. 

Said  commissioners  shall  prepare  and  certify  a  roll  on  which  they 
shall  state  the  name  and  address  of  the  owner  of  each  parcel  of  land 
in  such  irrigation  district,  or  if  the  name  or  addrCvSs  of  any  owner  is 
unknown,  then  that  fact;  also  a  description  of  each  parcel  of  land  by 
legal  subdivisions  or  boundaries,  and  the  total  amount  asses.sed  against 
each  parcel  of  land  so  described.  No  mistake  in  the  name  of  the 
owner,  or  supposed  owner  of  any  parcel  of  land,  shall  invalidate  the 
apportionment  or  assessment.  A  separate  roll  shall  be  made  for  the 
lands  in  each  county  where  such  irrigation  district  includes  land  in 
more  than  one  county.  When  completed  said  roll  or  rolls  sliall  be  filed 
with  the  irrigation  board  and  certified  copies  of  the  particular  roll  for 
each  county  shall  be  filed  with  the  county  recorder  of  any  county  in 
which  any  lands  within  said  irrigation  district  may  be,  and  each  roll 
shall  be  open  for  inspection  by  the  public  for  at  least  thirty  days. 

The  irrigation  board  shall  appoint  a  time  and  place  not  l&ss  than 
thirty  days  after  said  roll  has  been  filed  with  said  recorder  or  recorders 
wlion  and  where  it  will  meet,  within  the  county  in  which  the  greater 
portion  of  said  irrigation  district  is  situated  for  the  purpose  of  hearing 
objection  to  said  assessment  and  the  apportionment  thereof  and  notice 
of  such  hearing  shall  be  published  at  least  once  a  week  for  two  succes- 
sive weeks  in  some  newvspaper  published  in  each  county  in  which  any 
lands  within  said  irrigation  district  may  be.  At  any  time  before  or  at 
the  original  date  of  such  hearing,  any  person  interested  in  any  real  estate 
upon  which  any  charge  has  been  apportioned  and  assessed,  may  file  in 


108  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

the  office  of  the  secretary  of  said  irrigation  board  written  objections 
thereto,  stating  the  grounds  of  such  objections,  which  said  statements 
shall  be  verified  by  the  affidavit  of  such  person  or  some  other  person 
who  is  familiar  with  the  facts.  Said  irrigation  board  may  postpone 
such  hearing  from  time  to  time.  At  such  hearing  the  irrigation  board 
shall  hear  such  evidence  as  may  be  offered  touching  the  correctness  of 
such  assessment  or  the  manner  of  its  apportionment  and  may  modify 
or  ajnend  the  same  and  may  reapportion  all  or  any  part  of  the  entire 
assessment.  No  assessment  or  apportionment  shall  be  increased  except 
upon  the  hearing  of  objections  thereto  or  after  personal  notice  or  notice 
by  mail  to  the  owner  of  the  land  upon  which  said  increase  is  made. 
Said  irrigation  board  mast  make  and  enter  in  its  minutes  an  order 
approving  said  assessment  and  apportionment  as  finally  fixed,  and  the 
decision  of  said  irrigation  board  shall  be  final,  and  thereafter  said 
assessment  and  apportionment  shall  be  conclusive  evidence  of  the 
validity  of  said  assessment  and  apportionment,  and  no  action  or  defense 
shall  ever  be  maintained  attacking  the  same  in  any  respect.  And  the 
records  of  said  irrigation  board,  or  a  copy  thereof  certified  by  its 
secretary,  shall  be  received  in  evidence  in  all  or  any  of  the  courts  of 
this  state,  or  before  any  board  or  tribunal  authorized  to  hear  or  con- 
sider any  matter  wherein  the  same  shall  be  admissible  as  evidence. 
No  change  shall  be  made  in  said  assessment  or  apportionment  after  the 
consideration,  approval  and  fixing  thereof  by  said  irrigation  board  and 
all  assessments  upon  the  property  of  said  irrigation  district  thereafter 
shall  be  levied  in  accordance  thercAvith  and  consistent  with  the  appor- 
tionment of  benefits  therein  provided  for  and  fixed,  and  if  any  assess- 
ments are  called  for  or  required  in  addition  to  the  original  amount 
estimated  and  apportioned  for  the  purposes  of  said  irrigation  district, 
such  additional  amount  shall  be  assessed,  levied  and  raised  in  accord- 
ance with  said  apportionment  and  assessment  of  benefits  so  fixed  in  the 
first  instance  by  said  irrigation  board.  A  certified  copy  of  such -assess- 
ment and  apportionment  roll  as  finally  approved  shall  be  filed  in  the 
office  of  the  county  recorder  of  each  county  in  which  any  land  within 
said  irrigation  district  is  situated.  Such  assessment  and  apportionment 
shall  thereafter  constitute  a  first  lien  upon  the  land  affected  thereby 
until  the  full  amount  thereof  is  paid  or  until  ^all  bonds  of  the  irriga- 
tion district  issued  thereon,  together  with  the  accrued  interest,  shall 
have  been  fully  paid.  The  said  irrigation  board  shall  on  the  first 
Tuesday  in  May  following  the  fixing  and  approval  of  said  assessment 
and  apportionment  therein  provided  for.  and  annually  thereafter  on 
said  date,  levy  an  assessment,  sufficient  to  raise  the  annual  inter&st 
on  the  outstanding  bonds  of  .said  irrigation  district,  and  in  any  year 
in  which  any  bonds  shall  fall  due  must  increase  such  assessment  to  an 
amount  sufficient  to  pay  the  principal  of  the  outstanding  bonds  as  they 
mature;  also  sufficient  to  pay  in  full  all  .sums  that  may  become  due 
from  the  irrigation  district  before  the  time  of  collection  of  the  next 
annual  assessment,  including  an  amount  sufficient  to  pay  in  full  the 
amount  of  any  contract  or  obligation  of  the  irrigation  district  which 
may  come  due  during  said  year  or  may  have  been  reduced  to  judgment, 
and  to  provide  for  and  maintain  a  fund  out  of  which  the  current  and 
contingent  obligations  of  said  irrigation  district  can  be  paid  in  cash 
as  they  mature.      In  addition  to  the  amounts  estimated  as  nece.ssarv| 


L 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  109 

for  the  purposes  aforesaid,  a  further  levy  of  fifteen  per  cent  additional 
shall  be  included  and  levied  for  the  purposes  of  meeting  any  additional 
amounts  that  may  be  required  on  account  of  delinquencies  and  to  insure 
the  payment  of  all  of  the  bonded  indebtedness,  including  the  interest 
thereon  and  other  obligations  of  said  irrigation  district  at  maturity. 
Whenever  there  is  a  surplus  in  the  funds  of  said  district  over  and  above 
all  requirements  as  herein  specified  for  the  payment  of  the  bonded 
indebtedness  and  interest  thereon  and  accrued  obligations  of  said  irri- 
LTation  district,  such  a  surplus  may  be  used  and  applied  in  retiring  the 
Mutstanding  bonds  or  any  thereof  of  said  irrigation  district.  The  sec- 
i-etary  of  the  irrigation  board  must  compute  and  enter  in  a  separate 
column  of  the  assessment  book  the  respective  sums  in  dollars  and  cents 
to  be  paid  as  an  assessment  upon  the  property  therein  enumerated. 
In  so  doing,  said  secretary  shall  enter  the  names  of  the  owners  of  such 
lands  and  the  descriptions  thereof  in  accordance  with  the  last  assess- 
ment roll  of  the  county  in  which  the  said  lands  are  situated.  Such 
assessment  must  be  so  levied  and  computed  as  to  be  in  accordance  with 
the  apportionment  and  assessment  of  benefits  herein  provided  for  and 
so  that  all  lands  within  said  irrigation  district  shall  be  assessed  and 
required  to  pay  in  accordance  therewith. 

The  secretary  of  said  board  shall  forthwith  deliver  a  certified  copy 
of  that  portion  of  said  assessment  so  directed  to  be  entered  by  him,  so 
far  as  it  applies  or  appertains  to  any  land  within  any  county  situated 
within  said  irrigation  district  to  the  county  auditor  of  such  county,  and 
such  auditor  shall  accept  and  receipt  for  the  same,  and  thereupon  it  shall 
be  the  duty  of  said  auditor  to  include  said  assessment  as  an  assessment 
against  each  parcel  or  tract  of  land  therein  described.  It  shall  be  the 
duty  of  said  auditor  to  examine  and  ascertain  as  to  any  errors  or  dis- 
crepancies that  may  exist  in  .said  roll  as  to  the  ownership  of  or  the 
descriptions  of  land  as  applied  to  any  owner  or  owners  thereof  as 
compared  with  the  assessment  roll  of  the  said  county  for  such  year,  and 
if  any  such  difference  or  discrepancias  are  found,  it  shall  be  the  duty 
of  said  auditor  to  correct  the  same  accordingly  so  that  the  said  roll  as 
to  ownerships  and  descriptions  of  land  and  assessments  thereof  shall 
correspond  to  the  assessment  roll  of  said  county  and  for  such  year. 
.\nd  it  .shall  be  his  duty  to  audit,  enter  and  certify  the  same  to  the  tax 
collector  of  said  county  for  collection  in  the  same  manner  and  form  as 
county,  school  district  and  other  taxes  are  included  and  certified  by  him 
to  such  tax  collector,  and  all  such  assessments  shall  constitute  a  first 
lien  upon  the  lands  affected  thereby  as  hereinbefore  provided. 

The  board  «of  supervisors  is  hereby  authorized  and  empowered  to 
employ  what  extra  clerical  force  is  necessary  to  perform  the  additional 
duties  herein  pre.scribed  for  the  auditor.  Said  extra  clerks  shall  receive 
as  compensation  for  the  work  herein  provided  a  per  diem  not  to  exceed 
five  dollars  which  shall  be  paid  by  the  districts  operating  under  the 
provisions  of  this  act  in  proportion  to  the  amount  of  work  done  for 
each  and  it  shall  be  the  duty  of  the  clerk  of  said  board  to  issue  warrants 
payable  to  such  clerks  employed  as  herein  provided  out  of  the  funds  of 
the  districts,  upon  the  presentation  of  a  verified  demand,  approved  by 
the  auditor  and  the  board  of  supervisors. 

Upon  receipt  of  the  same  from  the  auditor  of  such  county  it  shall 
be  the  duty  of  the  tax  collector  of  said  county  to  include  the  same  as 


110  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

a  separate  entry  and  charge  against  the  land  therein  described  and  to 
collect  the  same  with  the  connty,  school  district  and  other  taxes  so 
required  to  be  collected  by  such  county  tax  collector  and  to  keep  and 
deposit  such  irrigation  district  taxes  in  a  separate  fund,  and  when  the 
same  is  collected  it  shall  be  the  duty  of  such  tax  collector  to  pay  the 
same  over  to  the  treasurer  of  such  county  at  the  same  time  and  in  the 
same  manner  as  other  taxes  collected  by  him  are  paid  over  to  such 
treasurer,  and  it  shall  be  the  duty  of  such  treasurer  to  receive  the  same 
as  other  taxes  are  received  by  him  and  after  receipt  thereof  to  keep 
the  same  in  a  separate  fund  and  upon  receipt  of  same,  or  any  part 
thereof,  it  shall  be  the  duty  of  such  county  treasurer  within  thirty  days 
thereafter  to  pay  the  same  and  all  thereof  to  the  treasurer  of  the  State 
of  California,  who  shall  receive  and  keep  the  same  and  depasit  the 
same  in  a  separate  fund  to  the  credit  of  the  said  district,  and  to  be  paid 
out  by  him  upon  the  order  and  approval  of  the  said  irrigation  board. 

All  moneys  received  under  contracts,  leases  or  other  arrangements 
by  such  irrigation  district  from  any  canal  companies,  mutual  or  other 
water  companies,  reclamation  districts,  or  from  any  corporations, 
individuals,  or  other  sources  not  herein  otherwise  provided  for,  shall 
be  collected  by  said  irrigation  board  and  by  it  deposited  with  the  state 
treasurer,  and  thereafter  to  be  disbursed  as  provided  as  to  funds  of 
such  irrigation  district  under  the  order  and  direction  of  such  irrigation 
board  for  the  purposes  and  obligations  of  said  irrigation  district,  includ- 
ing the  payment  and  retirement  of  outstanding  bonds  with  interest 
thereon. 

From  and  after  the  time  of  the  filing  of  such  assessment  roll  of  such 
irrigation  district  with  the  auditor  of  any  county  the  taxes  therein 
enumerated,  levied  and  assessed,  shall  be  regarded  and  treated  as  are 
the  other  taxes  of  said  county  or  the  school  districts  thereof  and  the 
same  shall  be  included  in  and  considered  a  part  of  such  taxes  and  the 
same  shall  become  delinquent  at  the  same  time  and  in  the  same  manner 
as  such  other  taxes,  and  with  respect  to  any  delinquency  or  delinquent 
notices  the  same  shall  become  delinquent  and  notice  thereof  shall  be 
published  with  and  at  the  same  time  and  in  the  same  manner  as  other 
delinquent  taxes  and  the  same  shall  be  similarly  treated  for  all  purposes 
of  notice  and  sale  thereof  for  such  delinquent  taxes,  and  shall  be  subject 
to  redemption  from  such  delinquent  irrigation  district  taxes  at  the  same 
time  and  in  the  same  manner  and  through  the  same  officials  as  are  such 
other  taxes.  And  any  and  all  charges  and  penalties  in  connection 
therewith  shall  be  similarly  charged  and  collected,  and  the  amounts  so 
collected  on  account  of  any  such  delinquent  taxes  or  interest  or  penalties 
thereon  shall  be  received  by  the  county  treasurer  and  paid  over  to  the 
state  treasurer  in  the  same  manner  as  is  hereinabove  provided,  and  in 
the  event  of  the  sale  of  any  property  for  delinquent  taxes  of  such 
counties  or  other  delinquent  taxes,  said  irrigation  district  taxes  shall 
be  included  therein  and  said  property  shall  be  sold  therefor  in  connec- 
tion with  and  including  such  other  taxes,  and  upon  a  redemption  thereof 
or  upon  a  sale  of  said  lands  the  said  irrigation  district  taxes  shall  be 
included  therein  and  together  with  interest  and  penalties  thereon  the 
same  shall  be  received  and  paid  over  to  the  county  treasurer,  and  by 
him  paid  over  to  the  state  treasurer,  as  hereinbefore  provided. 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  Ill 

Defraying  expenses  prior  to  making  assessments. 

Sec.  17a.  Upon  the  organization  of  an  irrigation  district  hereunder 
and  for  the  purpose  of  defraying  the  expenses  of  such  organization,  and 
for  any  other  purposes  of  this  act,  prior  to  the  making  of  the  assess- 
ment provided  for  in  section  seventeen,  the  directors  may  incur  an 
indebtedness  not  exceeding  one-half  as  many  dollars  as  there  are  acres 
in  the  district,  and  upon  the  certification  thereof  to  the  irrigation  board, 
such  board  shall  cause  warrants  to  issue  therefor  bearing  interest  at  a 
rate  to  be  fixed  by  the  board  of  directors,  not  to  exceed  six  per  centum 
per  annum,  and  thereafter  it  shall  be  the  duty  of  the  irrigation  board 
to  levy  an  assessment  sufficient  to  pay  said  warrants  upon  all  of  the 
lands  within  the  district,  in  the  same  manner  and  at  the  same  time,  so 
far  as  i)ossible,  as  other  assessments  are  provided  to  be  levied  (except 
as  to  the  appointment  of  commissioners).  Said  assessment  shall  be 
ascertained  by  dividing  the  number  of  dollars  due  or  to  become  due  upon 
the  warrants  which  have  been  issued  by  the  number  of  acres  in  the 
district,  and  assessing  to  each  acre  the  result  so  obtained.  Such  assess- 
ment roll  shall  be  prepared  and  delivered  to  the  county  auditor  or 
auditors  by  the  secretary  of  the  irrigation  board  as  provided  in  .section 
seventeen,  and  the  said  amount  shall  be  collected  by  the  tax  collector  of 
the  county  in  the  same  manner  as  is  provided  for  the  collection  of  other 
assessments  levied  by  the  district. 

Where  an  irrigation  district  is  organized  after  the  first  Tuesday  in 
May  of  any  year,  the  irrigation  board  shall  nevertheless,  at  the  request 
of  the  board  of  directors  of  said  district,  cause  an  assessment  to  be  levied 
payable  at  the  same  time  as  if  levied  prior  to  the  first  Tuesday  in  May 
as  in  this  section  provided,  of  an  amount  sufficient  to  defray  the 
expenses  of  organization  and  other  expenses  of  the  district  prior  to  the 
levying  of  the  asse&sment  provided  for  in  section  seventeen,  not,  how- 
ever, to  exceed  the  limit  in  this  section  specified. 

Issue  of  bonds. 

Sec.  18.  At  any  time  after  the  irrigation  board  shall  have  made  the 
examinations,  surveys,  plans  and  estimates  of  cost  for  the  storage, 
diversion  and  distribution  of  water,  and  for  the  other  purposes  enumer- 
ated in  this  act,  and  after  the  same  has  been  entered  in  the  minutes  of 
.said  board  and  shall  have  also  had  assessed  and  apportioned  upon  the 
lands  in  any  irrigation  district  organized  under  the  provision  of  this 
act  the  charges  and  benefits  and  apportionments  provided  for  in  this 
act ;  and  after  such  apportionment  and  a.ssessment  roll  shall  have  been 
finally  fixed  and  approved  by  the  said  board,  and  after  the  same  has 
been  entered  in  the  minutes  of  the  said  board  must,  as  soon  as  may  be 
■practicable,  proceed  and  issue  the  bonds  of  said  irrigation  district  for 
the  purposes  aforesaid. 

The  said  board  shall,  in  connection  with  the  previous  estimates  made 
and  adopted  by  it,  estimate  the  amount  of  money  necessar\'  to  be  raised 
by  such  bond  issue  for  the  purposes  of  said  irrigation  district,  as  afore- 
said, and  shall  ascertain  and  determine  the  same  and  enter  its  order  to 
that  effect  in  the  minutes  of  said  board.  And  whenever  thereafter  the 
construction  fund  of  said  irrigation  district  has  been  exhausted  by 
expenditures  herein  authorized,  and  it  is  necessary  to  raise  additional 

8—48601 


112  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

money  for  .such  purposes,  it  shall  be  tlie  duty  of  said  board  to  estimate 
and  determine  the  amount  of  money  necessary  to  be  raised  for  such 
additional  purposes. 

For  the  purposes  of  such  bond  issue,  or  additional  bond  issue,  the  said 
board  shall  be  authorized  to  employ  engineers  and  other  assistants  and 
make  all  such  further  examinations  and  estimates  as  may  be  necessary, 
to  fix  and  determine  such  matters  and  the  conclasion  and  estimates  of 
said  board  shall  be  entered  in  its  minutes.  Said  irrigation  board  shall 
by  order  entered  in  its  records  order  a  special  election  to  be  held  at  such 
place  or  places  in  said  irrigation  district  as  shall  be  designated  by  said 
irrigation  board,  at  which  .said  election  there  shall  be  submitted  to  the 
owners  of  land  in  said  irrigation  district  the  quastion  whether  or  not  the 
bonds  of  said  district  shall  be  issued  in  the  amount  specified  in  the  order 
of  said  board,  and  which  amount  shall  be  stated  in  the  order  for  such 
special  election.  For  all  purposes  of  this  act  relating  to  signing  peti- 
tions and  voting  at  any  election,  and  for  all  other  purposes  where  the 
question  of  title  to  land  claimed  to  be  owned  by  such  voter  or  owner  is 
involved,  the  equalized  assessment  roll  for  the  year  last  preceding  in 
each  county  wherein  any  land  of  the  said  irrigation  district  is  situated, 
shall  be  sufficient  evidence  of  ownership  of  lands  in  the  irrigation  dis- 
trict. Guardians,  executors,  administrators  and  other  persons  holding 
land  in  a  trust  capacity  under  appointment  of  court  may  vote  without 
obtaining  any  special  authority  therefor.  Said  irrigation  board  shall 
at  the  time  of  calling  the  said  election  designate  in  its  order  the  voting 
place  or  places  at  which  said  election  shall  be  held  and  where  votes  shall 
be  cast  and  shall  designate  three  landholders  of  the  irrigation  district 
to  act  as  a  board  of  election  at  each  voting  place. 

Notice  of  such  special  election  must  be  given  by  the  irrigation  board 
by  posting  notice  thereof  in  at  least  three  public  places  in  such  irriga- 
tion district  at  least  twenty  days  prior  thereto,  and  ako  by  publishing 
such  notice 'once  a  w^eek  for  the  same  length  of  time  in  some  newspaper 
of  general  circulation,  published  in  each  county  in  which  any  portion 
of  said  irrigation  district  may  be  situated,  or  if  there  be  no  newspaper 
published  in  any  one  of  such  counties,  then  in  each  county  wherein  such 
newspaper  is  published ;  and  such  notice  must  specify  the  time  and  place 
of  holding  said  election  and  the  aggregate  fat'e  value  of  bonds  proposed 
to  be  issued  and  the  names  of  three  landholders  of  said  irrigation 
district  to  act  as  a  board  of  election  at  each  polling  place.  Affidavits 
of  the  publication  and  posting  of  such  notice  must  be  filed  with  the 
secretary  of  said  irrigation  board. 

At  such  election  each  owner  of  lands  in  the  district  shall  be  entitled 
to  vote  in  person  or  by  proxy,  and  shall  have  the  right  to  cast  one  vote 
for  each  acre  of  real  estate  owned  l)y  him  in  the  irrigation  district, 
such  ownership  to  be  determined  from  the  next  preceding  assessment 
roll  of  the  county  or  counties  in  which  the  lands  of  the  irrigation  dis- 
trict are  situated  and  the  irrigation  board  shall,  prior  to  the  election, 
caiLse  to  be  prepared  and  certified  and  furnished  to  the  board  of  elec- 
tion at  each  polling  place,  a  true  and  correct  copy  of  each  of  said  next 
preceding  asxassment  rolls  so  far  as  such  assessment  roll  applies  to  any 
lands  within  such  irrigation  district,  which  said  certified  roll  shall  be 
used  by  the  board  of  election  in  determining  the  number  of  votes  each 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  113 

voter  is  entitled  to  east.  P]xecntors,  adininisti-ators,  special  adminis- 
trators and  guardians  may  cast  the  vote  of  the  estates  reprasented  by 
them.  No  person  shall  vote  by  proxy  at  such  election  unless  authority 
to  east  such  vote  shall  be  evidenced  by  an  in-strument  in  writing,  duly 
acknowledged  and  certified  in  the  same  manner  as  grants  of  real 
property  and  filed  with  the  board  of  election. 

The  ballots  cast  at  such  election  shall  contain  the*  words,  "bonds, 
yas"  or  "bonds,  no"  and  also  the  name  of  the  person  ea.sting  the  ballot, 
with  the  number  of  votes  ca.st  by  him.  A  list  of  the  ballots  cast  shall 
be  made  by  the  board  of  election  containing  the  name  of  each  voter, 
and,  if  the  ballots  be  cast  by  proxy,  the  name  of  the  person  casting  it 
and  the  number  of  votes  cast  by  each  and  whether  the  same  be  east  for 
or  against  the  issuing  of  bonds. 

If  any  person  appointed  as  a  member  of  the  board  of  election  shall 
fail  to  attend  at  the  opening  of  the  polls,  the  voters  then  present,  voting 
individually,  may  appoint  in  his  place  any  landholder  in  the  irrigation 
district.  Each  member  of  said  board  of  election  must,  before  entering 
upon  his  duties,  take  and  subscribe  an  official  oath,  to  faithfully  per- 
form his  duties  as  an  officer  of  such  election,  which  oath  may  be 
administered  by  any  officer  authorized  to  administer  oaths,  or  by 
a  landholder  in  the  irrigation  district. 

The  polls  shall  be  kept  open  from  ten  o'clock  a.m.  of  the  day  of 
election  until  five  o'clock  p.m.  of  that  day. 

At  the  close  of  the  polls  the  board  of  election  shall  at  once  proceed 
to  canvass  the  votes  and  declare  the  result  and  shall  forward  a  cer- 
tificate showing  such  result  and  the  number  of  votes  cast  for  and 
against  the  i.ssuing  of  the  bonds  to  the  irrigation  board  and  shall  also 
deliver  to  the  said  irrigation  board  all  ballots  cast  at  such  election  and 
all  documents  and  papers  used  at  such  election. 

Said  irrigation  board  shall,  upon  the  receipt  of  such  canvass  and 
declaration  of  the  result  from  the  said  board  of  election,  proceed  to 
examine  the  same  and  shall  ascertain  and  declare  the  result  as  shown 
by  such  canva&s  and  declaration,  and  shall  enter  an  order  in  its  minutes 
that  the  vsaid  proposition  for  the  issuance  of  said  bonds  has  been  carried 
or  defeated,  as  the  case  may  be. 

Forthwith,  upon  the  declaration  of  the  result  of  said  election  by  said 
irrigation  board,  the  .secretary  of  said  board  shall  make  a  certified  copy 
of  the  order  of  said  board,  declaring  the  result  of  said  election,  and 
shall  forward  said  certified  copy  or  copies  to  the  recorder  or  recorders 
of  the  counties  in  which  any  land  of  said  irrigation  district  may  be 
situated,  and  the  same  shall  forthwith  be  filed  and  recorded  in  said 
recorder  or  recorders'  office,  and  shall  impart  notice  to  all  interested 
per.sons  as  to  the  result  of  said  election. 

Any  person  owning  property  within  the  .said  irrigation  district, 
liable  to  assessment,  may  contest  such  election,  by  filing  a  written 
contest  specifying  the  grounds  of  his  objections  tliereto,  with  said  irri- 
gation board,  said  written  contest  to  be  filed  within  thirty  days  after 
the  declaration  of  the  result  of  said  election  by  said  irrigation  board, 
and  if  no  .such  contest  and  objections  be  filed  within  thirty  days,  no 
such  contest  and  objections  shall  thereafter  be  received  or  filed.  Such 
written  contest  shall  specify  the  ground  or  grounds  of  contest  to  said 


114  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

election,  and  upon  the  filing  of  the  same  with  said  irrigation  board  it 
shall  expeditiously  sot  tlie  said  contest  for  hearing,  and  shall  have  the 
right  to  postpone  the  hearing  for  such  time  as  may  be  necessary,  but 
not  otherwise,  and  shall  expeditiously  hear  and  determine  the  same. 
For  the  purposes  of  such  hearing  the  board  may  by  subpoena  signed 
by  the  secretary  under  its  seal  compel  the  attendance  of  witnesses  and 
tlie  production  of  evidence.  Disobedience  of  such  subpoena  or  of  any 
lawful  order  of  the  board  in  the  premises  shall  constitute  a  contempt 
of  the  authority  of  the  board  punisha])le  by  the  board  in  accordance 
witli  title  five  of  part  three  of  the  Code  of  Civil  Procedure,  and  shall 
also  constitute  a  misdemeanor  under  section  one  hundred  sixty-six  of 
the  Penal  Code.  Said  irrigation  board  shall,  upon  the  conclusion  of 
said  hearing  of  said  contest,  proceed  forthwith  to  enter  its  order  and 
decision  thereon.  Such  decision  on  the  part  of  said  irrigation  board 
shall  be  final,  conclu.sive  and  binding  upon  all  parties  interested  as  to 
validity  and  as  to  result  of  such  election  and  shall  be  subject  to  review 
only  in  the  event  suit  is  brought  by  the  said  irrigation  district  or  by 
some  person  or  corporation  or  a.ssociation  authorized  to  bring  the  same 
to  determine  the  question  of  the  validity  of  the  said  bond  issue,  and  in 
the  determination  and  adjudication  of  the  question  of  the  validity  of 
said  bond  issue,  as  hereinafter  specified,  the  court  may  review  and 
consider  the  validity  of  said  election  for  the  issuance  of  said  bonds, 
but  in  such  action  the  certificate  and  determination  of  said  irrigation 
board  shall  be  received  and  accepted  by  the  court  as  prima  facie 
evidence  of  the  result  as  to  the  validity  of  said  election  and  the  regu- 
larity of  the  canvassing,  counting  and  return  of  the  votes  cast  at  said 
election.  If  a  majority  of  the  votes  east  at  such  an  election  is  in  favor 
of  the  issuance  of  bonds,  the  irrigation  board  shall  after  canvassing  the 
returns  and  declaring  the  result  of  said  election  cause  bonds  of  said 
irrigation  district  in  the  amount  stated  in  the  order  for  the  election 
to  be  issued,  executed  and  delivered  to  the  state  treasurer  of  the  State 
of  California.  Said  bonds  shall  be  of  the  denomination  of  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand  dollars  each ; 
they  shall  be  signed  by  the  president  of  the  irrigation  board  and 
attested  by  the  secretary  thereof,  and  shall  be  numbered  consecutively 
in  the  order  of  their  maturity,  and  shall  bear  interest  at  the  rate  not 
exceeding  six  per  centum  per  annum,  payalale  semiannually  on  the  first 
day  of  Januarys  and  the  first  day  of  July  in  each  year,  at  the  office  of 
said  state  treasurer,  upon  the  presentation  of  the  proper  coupons  there- 
for. Coupons  for  each  instalment  of  interest  shall  be  attached  to  said 
bonds  and  shall  bear  the  facsimile  signature  of  the  state  treasurer  of  the 
State  of  California. 

The  principal  of  said  bonds  shall  be  made  payable,  by  an  order 
entered  into  the  minutes  of  the  irrigation  board,  upon  the  first  day  of 
■July  or  tlie  first  day  of  January,  and  in  such  years  as  the  irrigation 
board  may  prescribe.  Said  bonds  shall  be  payable  serially  within  forty 
years  from  their  date  in  the  manner  following,  to  wit : 

Not  less  than  five  per  cent  of  the  aggregate  face  value  of  the  bonds 
issued  shall  be  payable  each  year,  beginning  not  later  than  the  twen- 
tieth year  from  their  date  until  the  whole  amount  of  said  bonds  have 
been  paid. 


CALIFORNIA  IRRIGATION   DISTRICT  lAWS.  115 

Said  irrigation  board,  subject  to  the  provisions  of  this  act,  is  author- 
ized and  empowered  to  take  all  such  actions  and  make  all  such  orders 
as  may  be  necessary  in  connection  with  the  issuance,  sale  and  disposi- 
tion of  said  bonds. 

Said  bonds  may  be  substantially  in  the  following  form : 

UNITED   STATES   OP   AMERICA. 
STATE   OP   CAIilFORNIA. 

No. $ 

Name  of  district Irrigation  District 


Organized  under  California  Irrigation  Act  of  1919. 

(Name  of  district)  Irrigation  District,  for  value  received,  hereby 
acknowledges  itself  indebted  to  and  promises  to  pay  to  the  holder 
hereof  at  the  office  of  the  state  treasurer  of  the  State  of  California, 

on  the  first  day  of ,  19 ,  the  sum  of  $ , 

in  gold  coin  of  the  United  States  of  America,  with  interest  thereon  in 

like  gold  coin  from  date  hereof  until  paid,  at  the  rate  of per 

cent  per  annum,  payable  at  the  office  of  said  treasurer  semiannually 
on  the  first  day  of  January  and  the  first  day  of  July  in  each  year  on 
presentation  and  surrender  of  the  interest  coupons  hereto  attaclied. 

This  bond  is  one  of  a  series  of bonds  of  like  tenor  and 

effect,  except  as  to  denomination  and  maturity,  numbered  from 

to inclusive,  amounting  in  the  aggregate  to  $ issued 

in  accordance  with  the  California  irrigation  act  of  1919,  pursuant  to 

an  election  held  in  said  district  on  the day  of , 

19 ,  authorizing  its  issuance  and  is  based  upon  and  secured  by  a 

lien  upon  and  a  valuation  and  apportionment  levied  on  the  land  in 
said  irrigation  district  and  filed  in  the  office  of  the  state  irrigation 

board  on  the day  of ,  19 ;  and  the  said 

district  does  hereby  certify  and  declare  that  said  election  was  duly 
called  and  held  upon  duo  notice,  and  the  result  tlioroof  was  duly  can- 
vassed and  a.scertained,  in  pursuance  of  and  in  strict  conformity  with 
the  laws  of  the  State  of  California  applicable  thereto,  and  that  all  of 
the  acts  and  conditions  and  tilings  re(|uired  by  law  to  l)e  done  precedent 
to  and  in  the  issue  of  said  bonds  have  been  done  and  have  l)een  per- 
formed in  regular  and  in  due  form  and  in  strict  accordance  with  the 
provisions  of  the  law  authorizing  the  issuance  of  such  irrigation  district 
bonds. 

In  testimony  whereof,  the  said  irrigation  district,  acting  by  and 
through  the  irrigation  l)oard  of  the  State  of  California,  has  caused  this 
bond  to  be  signed  by  the  president  of  said  irrigation  board,  and  attested 

by  the  secretary  thereof,  with  his  seal  of  office  affixed,  this day 

of '_ ,  19 

-        By 

President  of  said  board. 

Attest:    

Secretary  of  said  board. 


116  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

And  the  interest  coupon  may  be  substantially  in  the  following  form : 
No $ 

The  state  treasurer  of  the  State  of  California  will  pay  to  the  holder 

hereof  on  the day  of ,  19 ,  at  his  office  in 

the  city  of  Sacramento,  State  of  California,  the  sum  of  $ 

in  gold  coin  of  the  United  States  out  of  the  funds  of  _ 

irrigation  district for  interest  on  bond  of  said  irrigation 

district  numbered 


State  treasurer. 

The  state  treasurer  shall  place  the  bonds  prepared  pursuant  to  this 
act  to  the  credit  of  the  irrigation  district  and  the  irrigation  board  may 
in  its  discretion  direct  the  state  treasurer  to  sell  the  whole  or  any 
designated  number  of  said  bonds  for  the  best  price  obtainable  therefor, 
but  in  no  event  for  less  than  ninety  per  cent  of  the  face  value  of  said 
bonds  and  the  accrued  interest  thereon.  Before  making  a  sale  of 
said  bonds,  notice  shall  be  given  by  the  state  treasurer  by  publication 
at  least  once  a  week  for  three  weeks  in  a  newspaper  of  general  circula- 
tion published  in  the  city  of  Sacramento,  and  also  one  or  more  papers 
in  the  county  in  which  the  greater  portion  of  said  irrigation  district 
is  situated,  that  he  will  sell  a  specified  amount  of  said  bonds,  and 
stating  the  day,  hour  and  place  of  such  sale,  and  asking  sealed  pro- 
posals for  the  purchase  of  said  bonds,  or  any  part  thereof.  At  the 
time  appointed  the  state  treasurer  shall  open  the  bids  and  award  the 
bonds  to  the  highest  responsible  bidder.  He  may  reject  any  and  all 
bids.  Any  sale  by  the  state  treasurer  and  delivery  of  the  bonds  there- 
under shall  be  conclusive  evidence  in  favor  of  the  purchaser  and  all 
subsequent  holders  of  the  bonds  that  such  sale  was  made  upon  due 
authority  and  notice.  *  The  proceeds  of  sale  of  said  bonds  shall  be 
])laced  in  the  state  treasury  to  the  credit  of  said  irrigation  district,  and 
a  proper  record  of  such  transaction  shall  be  made  upon  his  books. 
At  any  time  after  said  bonds  shall  have  been  delivered  to  the  state 
treasurer,  an  action  may  be  commenced  in  the  superior  court  of  the 
county  within  which  is  situated  the  largest  area  of  land  within  said 
irrigation  district  by  the  irrigation  board  in' the  name  of  the  irrigation 
district  or  by  any  person  owning  property  within  the  said  irriga- 
tion district  liable  to  assessment.  Such  action  shall  be  brought  and 
prosecuted  against  the  lands  in  said  irrigation  district  and  all  persons 
owning  the  same  or  interested  therein,  to  have  it  determined  as  to 
whether  or  not  said  bonds  when  sold  will  be  a  legal  obligation  of  such 
irrigation  district.  It  shall  be  sufficient  to  descril)e  said  lands  as  all 
lands  in  the  irrigation  district  (naming  it)  without  a  more  specific 
description.  The  summons  shall  l)e  published  once  a  week  for  three 
weeks  in  some  newspaper  of  general  circulation  published  in  the  county 
Avhere  the  action  is  pending.  Within  thirty  days  after  the  first  publi- 
cation of  summons  any  owner  of  land  in  such  irrigation  district,  or 
any  person  interested,  may  appear  and  answer  the  complaint,  which 
answer  shall  set  forth  the  facts  relied  upon  to  show  the  invalidity  of 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  117 

said  bonds.  The  fault  of  all  defendants  not  so  appearing  may  be 
entered.  Such  action  shall  be  given  precedence  in  hearing  and  trial 
over  all  other  civil  actions  in  such  court  and  judgment  rendered  declar- 
ing such  matter  so  contested  either  valid  or  invalid.  Any  party  not 
in  default  may  have  the  right  to  appeal  to  the  supreme  court  within 
thirty  days  after  entry  of  judgment  and  said  appeal  and  the  hear- 
ing thereof  shall  be  expedited  in  said  court.  Judgment  for  the  plain- 
tiff in  such  proceedings  .shall  be  considered  as  a  judgment  in  rem  and 
shall  be  conclusive  against  said  district  and  against  all  lands  therein 
and  all  owners  thereof  and  all  other  interested  persons. 

The  irrigation  board  may  draw  warrants  upon  the  state  treasurer 
against  the  funds  provided  by  sale  of  said  bonds. 

The  money  derived  from  the  sale  of  any  of  said  bonds  shall  be  received 
by  the  state  treasurer  and  shall  by  him  be  .safely  kept  and  placed  to  the 
credit  of  said  irrigation  district  in  a  fund  to  be  designated  in  the  name 
of  such  irrigation  district  for  the  said  irrigation  district  and  may  be 
drawn  and  expended  upon  warrants  drawn  against  said  fund  as  in  this 
act  provided. 

Bonds  of  any  irrigation  district  issued  pursuant  to  the  provisions  of 
this  act  which  are  investigated  and  approved  by  any  commission  or  offi- 
cer how  or  hereafter  authorized  by  a  law  of  this  state  to  conduct  such 
approval  and  by  authority  of  which  approval  said  bonds  are  declared 
to  be  legal  investments  for  savings  banks  may  be  lawfully  purchased  or 
received  in  pledge  for  loans  by  banks,  trust  companies,  guardians,  execu- 
tors, administrators  and  special  administrators,  or  by  any  public  officer 
or  officers  of  this  state,  or  of  any  county,  city,  city  and  county  or  other 
municipal  or  corporate  body  within  the  state  having  or  holding  funds 
which  they  are  allowed  by  law  to  invest  or  loan. 

If  after  said  irrigation  district  has  authorized  the  issuance  and  sale 
of  a  series  of  bonds  under  this  act.  it  shall  become  necessary  .so  to  do  an 
additional  bond  issue  or  series  of  bonds  may  be  authorized  and  sold  and 
all  proceedings  shall  be  had  and  taken,  and  all  procedure  in  connection 
with  said  second  i.ssue  or  series  of  bonds  shall  be  had  and  taken  in 
accordance  with  the  provisions  of  this  act  as  to  the  first  issue  of  bonds; 
provided,  that  said  .second  i.ssue  or  series  of  bonds  sliall  not  be  i.ssned  so 
as  to  in  any  manner  interfere  with  tlie  lien  or  security  of  the  payment  of 
the  first  issue  of  bonds,  and  said  second  i.ssue  or  .series  of  bonds  shall, 
as  to  the  lien  thereof  and  as  to  tiie  security  of  .same,  be  sub.sequent  and 
subordinate  and  subject  to  such  first  bond  i.ssue. 

Application  of  act. 

Sec.  10.  Xotiiing  in  thi.s  act  contained  shall  affect,  or  apply  to.  any 
irrigation,  protection,  flood  control,  conservation,  or  other  improvement 
district  situated  wholly  or  in  part  within  any  county  which  has  adopted 
a  charter  pursuant  to  section  .seven  and  one-half  of  article  eleven  of  the 
constitution  of  California,  ratified  and  approved  as  provided  therein, 
prior  to  June  4,  1915.  or  within  any  city  and  county:  and  said  board 
shall  have  no  power  of  jurisdiction  witliin  any  of  said  districts  or  within 
such  counties  or  citv  and  countv. 


118  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

Proceeding  initiated  under  former  acts. 

Sec.  20.  The  California  irrigation  act,  approved  June  4,  1915,  and 
chapter  six  hundred  forty-six  of  the  statutes  of  1917,  approved  May  28, 
1917,  amendatory  thereof,  are  hereby  repealed ;  but  any  petition  circu- 
lated for  signature  pursuant  to  the  provisions  of  said  amendatory  act 
and  prior  to  the  effective  date  of  this  act  may  be  filed  as  though  pre- 
pared pursuant  to  the  provisions  hereof,  and  any  proceeding  initiated 
under  said  amendatory  act  but  not  completed  prior  to  the  effective  date 
of  this  act,  may  be  completed  hereunder,  all  proceedings  subsequent  to 
such  effective  date,  however,  to  be  in  conformity  with  the  provisions 
hereof;  and  any  district  organized  under  the  provisions  of  the  acts 
hereby  repealed  shall  be  subject  in  all  respects  to  the  provisions  of  this 
act ;  and  provided,  further,  that  such  repeal  shall  not  affect  the  tenure 
of  office  of  the  present  members  of  the  irrigation  board  and  that  neither 
such  repeal  nor  anything  in  this  act  contained  shall  affect  the  right  of 
said  board  to  any  funds  heretofore  appropriated  for  the  use  of  said 
irrigation  board,  and  all  such  funds  heretofore  appropriated  shall  be 
used  by  said  board  to  the  extent  and  for  the  purposes  for  which  the 
same  were  appropriated. 


CALIFORNIA   IRRIGATION   DISTRICT  LAWS.  119 


III.     CAREY  ACT  COMMISSION  ACT. 

An  act  in  reliition  to  the  act  of  congress  known  as  the  Carey  act,  and  all 
acts  amendatory  thereof  and  supplemental  thereto,  and  giving 
authority  to  a  commission  in  the  investigation,  selection,  reclama- 
tion, control  and  disposal  of  all  lands  granted  the  state  under  the 
provisions  thereof. 

(Approved  June  4,  1915,  Stats.  1915,  p.  1140.) 
Acceptance  of  conditions  of  act  of  Congress. 

Section  1.  The  State  of  California  hereby  accepts  the  conditions  of 
section  four  of  an  act  of  congress  entitled,  "An  act  making  appropri- 
ation for  sundry  civil  expenses  of  the  government  for  the  fiscal  year 
ending  June  30,  1894,  and  for  other  purposes,"  approved  AugiLst  18, 
1894,  together  with  all  the  grants  of  land  to  the  state  under  the  pro- 
visions of  the  aforesaid  act.  The  selection,  reclamation  and  disposal  of 
said  land  shall  be  vested  in  a  commission  which  shall  consist  of  the 
secretary  of  the  department  of  natural  resources,  whenever  such  officer 
shall  be  appointed  and  until  such  appointment  is  made,  one  of  the 
members  of  the  state  water  commission  to  be  named  by  said  com- 
mission, the  state  engineer  and  the  surveyor  general  and  which  com- 
mission shall  hereafter  be  designated  the  "Carey  Act  Commission." 
The  secretary  of  agriculture  whenever  such  officer  shall  be  appointed, 
and  until  such  appointment,  the  dean  of  the  college  of  agriculture  of 
the  University  of  California,  and  the  president  of  the  state  water  com- 
mission shall  act  as  an  advisory  board  to  the  said  Carey  act  commission. 

Organization  of  Carey  Act  Commission. 

Se:c.  2.  The  commi.ssion  shall  elect  from  among  its  meml)ers,  a  presi- 
dent and  a  secretary.  The  president  of  the  commission  shall  preside 
at  all  meetings  of  the  eonuiiission  and  shall  iiave  authority  to  call  special 
meetings  of  the  commi.ssion  and  he  shall  do  so  when  re(iu(\sted  by  any 
one  of  the  other  members. 

The  secretary  of  the  commission  shall  execute  the  will  of  the  com- 
juission  in  all  matters  relating  to  this  act.  lie  shall  have  the  custody 
of  the  records  of  the  eonuiiission  and  shall  receive  and  file  all  proposals 
for  the  construction  of  irrigation  works  to  reclaim  lands  selected  under 
the  provisions  of  this  act.  The  surveyor  general  shall  be  register  of  all 
lands  which  may  be  selected  and  shall  keep  for  public  inspection  maps 
or  plats  on  a  scale  not  less  than  two  inches  to  the  mile  of  all  lands 
selected,  receive  entries  of  settlers  on  these  lands  and  hear  or  receive  the 
final  proof  of  their  reclamation  and  do  any  and  all  work  required  by 
the  commission  in  carrying  out  the  provisions  of  this  act,  relating  to 
the  disposal  of  such  lands.  He  shall  have  authority  to  administer  oaths, 
whenever  necessary,  in  the  performance  of  the  duties  of  register. 

Reclamation  of  desert  lands. 

Sec.  3.  Whenever  it  shall  appear  to  the  board  of  supervisors  of  any 
county  that  it  would  be  advisable  to  reclaim  by  irrigation,  under  the 
provisions  of  this  act,  any  desert  public  land,  situated  within  such 


120  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

county,  such  board  raaj^  by  appropriate  resolution,  petition  the  state 
engineer  to  make  such  an  investigation  as  would  determine  the  feasibility 
of  such  reclamation.  Whereupon  the  state  engineer  shall  make  or  cause 
to  be  made  an  investigation  of  such  lands,  and  if  it  should  be  the  opinion 
of  the  state  engineer  that  it  is  feasible  to  reclaim  by  irrigation  such 
lands,  he  shall  report  the  fact  to  the  commission,  and,  thereupon  the 
commission  shall  direct  the  .state  engineer  to  make,  when  necessary,  such 
further  investigations  as  would  determine  the  location  and  description 
of  the  lands,  which  may  be  thus  reclaimed.  The  commission  may  make 
application  to  the  United  States  department  of  the  interior  upon  behalf 
of  the  State  of  California  for  the  temporary  withdrawal  of  such  land, 
pending  a  more  complete  investigation  and  survey  preliminary  to  the 
filing  of  the  maps  and  plats  and  application  for  segregation. 

State  engineer's  investigation. 

Sec.  4.  As  soon  as  such  temporary  withdrawal  of  land  shall  have 
been  made  by  the  secretary  of  the  interior,  it  shall  be  the  duty  of  the 
state  engineer  to  make  an  investigation  of  the  water  supply  and  make 
such  surveys  as  will  determine  the  feasibility  of  irrigating  such  lands 
and  the  approximate  cost  of  the  same.  If  it  should  appear  from  such 
investigation  and  survey's  that  the  irrigation  of  the  lands  would  not  be 
feasible,  the  state  engineer  shall  so  report  to  the  commission  and  it  shall 
then  be  the  duty  of  the  commission  to  so  notify  the  department  of  the 
interior,  in  order  that  such  lands  may  be  restored  to  the  public  domain ; 
but,  if  the  commission  shall  be  satisfied  that  there  is  an  adequate  supply 
of  water  for  the  irrigation  of  such  lands  and  that  the  construction  of 
works  for  the  irrigation  of  such  lands  is  entirely  feasible  and  the  com- 
mission should  decide  that  the  state  would  be  benefited  through  the 
irrigation  and  settlement  of  such  lands,  the  commission  shall  direct  the 
state  engineer  to  make  such  additional  investigations  and  surveys  and 
prepare  such  plans  as  may  be  necessary  to  determine  the  cost  of  such 
works  as  would  be  needed  to  irrigate  such  lands  and  the  commission 
may  then  enter  into  a  contract  on  behalf  of  the  State  of  California, 
with  the  United  States,  for  the  construction  of  such  works  as  may  be 
necessary  for  the  proper  irrigation  of  such  land  in  pursuance  of  the  act 
of  congress  known  as  the  Carey  act.  and  the  rules  and  regulations  of 
the  department  of  the  interior  relating  thereto ;  provided,  however,  that 
such  project  shall  liave  first  been  approved  by  the  state  engineer,  and 
by  both  members  of  the  advisory  board. 

State  water  commission  and  agricultural  reports. 

Sec.  5.  Before  finally  deciding  as  to  the  feasibility  of  irrigating 
lands  under  this  act,  the  commission  shall  request  the  state  water  com- 
mission to  report,  in  waiting,  their  opinion  as  to  whether  or  not  an 
adequate  supply  of  unappropriated  water  is  available  for  the  irrigation 
of  such  lands.  It  shall  be  the  duty  of  the  state  water  commission  to 
make  such  report  and  recommendations  in  writing.  At  the  same  time 
and  in  the  same  manner  the  secretary  of  agriculture  or  the  dean  of  the 
college  of  agriculture,  as  may  be,  shall  be  requested  to  report  his  opinion 
in  relation  to  the  land  of  such  project  as  to  its  character  and  fertility, 
and  as  to  soil  or  drainage  problems  then  existing  or  which  may  follow 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  121 

the  irrigation  of  the  lands,  and  if  it  should  be  his  opinion  that  the  value 
of  such  land,  or  any  portion  of  such  land,  after  irrigation  would  not 
fully  justify  the  estimated  cost  of  such  irrigation,  the  commission  shall 
not  enter  into  a  contract  for  the  irrigation  of  any  of  the  lands  which 
may  be  adversely  reported  upon.  All  such  written  reports  and  advice 
shall  be  furnished  to  the  commission  free  of  charge. 

Designation  of  project. 

Sec.  6.  "Whenever  a  contract  shall  have  been  entered  into  by  the 
commission  with  the  United  States  department  of  the  interior  for 
the  irrigation  of  desert  public  lands  under  the  provisions  of  this  act, 
the  lands  of  such  project  shall  be  designated  by  the  commission  and  be 

known  as  the (name  to  be  given)   

state  irrigation  district,  and  the  commission  shall  have  the  power  and 
it  shall  be  its  duty  to  provide  for  the  construction  of  the  necessary 
works  for  the  irrigation  of  such  lands,  to  manage  and  conduct  the 
business  affairs  of  such  district,  to  make  and  execute  all  necessary  con- 
tracts of  employment  and  appoint  such  agents,  officers  and  employees 
as  may  be  required  and  prescribe  their  dutias.  The  commission  and  its 
agents  and  employees  shall  have  the  right  to  enter  upon  any  land,  to 
make  surveys  and  locate  the  necessary  irrigation  works  and  the  line 
for  any  canal  or  canals  and  the  nec&ssary  branches  for  the  same  on 
any  lands  wliich  may  be  deemed  best  for  such  location.  Such  commis- 
sion shall  also  have  the  right  to  acquire  by  purchase,  lease,  contract, 
condemnation  or  other  legal  means  all  lands  and  waters  and  water 
rights  and  other  i)roperty  necessary  for  the  construction,  use,  supply, 
maintenance,  repair  and  improvements  of  said  canal  or  canals  and  works, 
including  canals  and  works  constructed  and  being  constructed  by 
private  owners,  lands  for  reservoirs  for  the  storage  of  needful  waters 
and  all  necessary  appurtenances  and  also,  where  necessary  or  conven- 
ient to  said  ends,  to  acquire  and  hold  the  stock  of  other  corporations 
owning  waters,  canals,  waterworks,  franchises,  concessions  or  rights. 
Such  commission  may  also  construct  the  necessary  dams,  reservoirs  and 
works  for  the  collection  and  distribution  of  water  for  said  district 
and  do  any  and  every  lawful  act  necessary  to  be  done  that  sufficient 
water  may  be  furnished  to  all  of  the  lands  of  such  district  for  irriga- 
tion and  domestic  purposes.  The  said  commission  is  hereby  authorized 
and  empowered  to  take  conveyances,  leases,  contracts  or  other  assur- 
ances for  all  property  ac(iuirod  by  it  under  the  provisions  of  this  act 
in  the  name  of  the  state  in  behalf  of  such  state  irrigation  district  to 
and  for  the  uses  and  purposes  herein  expres.sed  and  to  institute  and 
maintain  any  and  all  actions  and  proceedings,  suits  at  Ijiav  or  in  equity 
necessary  or  proper,  in  order  to  fully  carry  out  the  provisions  of  this 
act  or  to  enforce,  maintain,  protect  or  preserve  any  and  all  rights, 
privileges  and  immunities  created  by  this  act  or  acquired  in  pui-suance 
thereof.  And  in  all  courts,  actions",  suits  or  proceedings  the  said  com- 
mission may  sue,  appear  and  defend,  in  person  or  by  attorneys  and  in 
the  name  of  the  .state  in  behalf  of  such  state  irrigation  district.  It 
shall  l)e  the  duty  of  said  commissi(m  to  establish  equitable  by-laws,  rules 
and  regulations  for  the  distribution  and  use  of  water  for  the  lands  of 
such  district,  and  for  the  administration  and  disposal  of  the  lands 


122  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

of  such  district,  which  must  be  printed  in  convenient  form  for  distribu- 
tion. Said  commission  shall  have  power,  generally,  to  perform  all  sucli 
acts  as  shall  be  necessary  to  fully  carry  out  the  purposes  of  this  act. 

Appropriation  of  water. 

Sec.  7.  Whenever  it  shall  appear  to  the  commission  that  the  irriga- 
tion of  public  land  of  a  proposed  state  irrigation  district  under  the 
provisions  of  this  act  Avould  be  feasible  and  that  an  adequate  supply  of 
water  exists  and  is  available  for  the  purpose,  it  shall  be  the  duty  of  the 
commission  to  appropriate  in  the  name  of  the  State  of  California  for 
such  state  irrigation  district  an  amount  of  unappropriated  water  as 
may  be  available  and  necessary  for  the  irrigation  of  such  land,  such 
appropriation  to  be  made  in  pursuance  of  the  provisions  of  the  water 
commission  act  and  acts  amendatory  thereof,  and  the  rules  and  regula- 
tions of  the  state  water  commission;  but  no  fees  shall  be  paid  to  the 
state  M^ater  commission  for  any  services  which  may  be  rendered  by 
such  commission  in  connection  with  any  permit  or  license  which  may  be 
granted  under  any  such  appropriation ;  but  such  charge  as  may  be  pro- 
vided by  law  for  the  diversion  of  water  for  irrigation  .shall  be  paid  to 
such  state  water  commission  as  soon  as  any  of  the  water  thus  appro- 
priated shall  be  diverted  for  use  upon  the  land  of  any  district  and  for 
the  quantity  of  water  thus  diverted. 

Raising  additional  money. 

Sec.  8.  For  the  purpose  of  constructing  necessary  irrigation  canals 
and  works  and  acquiring  the  necessary  property  and  rights  therefor 
and  for  the  purpose  of  acquiring  waters,  water  rights  and  other  prop- 
erty necessary  for  the  purposes  of  a  state  irrigation  district  and  other- 
wise carrying  out  the  provisions  of  this  act,  the  commission  may  as  soon 
after  a  contract  has  been,  entered  into  with  the  United  States  for  the 
irrigation  of  the  lands  of  a  district  and  also  whenever  therea^t(,'r  the 
construction  fund  has  been  exhausted  by  expenditures  herein  author- 
ized therefor  and  it  is  necessary  to  raise  additional  money  for  such 
purposes,  estimate  and  determine  the  amount  of  money  neces.sary  to  be 
raised.  For  the  purpo.se  of  ascertaining  the  amount  of  money  neces- 
sary for  such  purposes  or  any  of  them  said  i'ommission  shall  cause 
such  surveys,  examinations,  drawings  and  plans  to  be  made  of  a  district 
as  shall  furnish  the  proper  basis  for  an  estimate  of  the  cost  of  irrigating 
the  lands  of  such  district.  All  such  surveys,  examinations,  drawings, 
plans  and  the  estimate  of  cost  based  thereon  shall  be  made  by  or  under 
the  direction  of  the  state  engineer  and  shall  be  certified  by  him  and 
a  report  of  such  irrigation  plans  shall  be  prepared  by  him  which  report 
shall  contain  a  description  of  the  lands  to  be  irrigated,  the  works  to  be 
constructed  and  shall  also  state  his  conclusions  as  to  the  supply  of 
water  available  for  the  use  of  the  district.  The  estimated  cost  of 
a  project  under  this  act  shall  include  in  addition  to  the  cost  of  the 
works  proposed  and  the  purcha.se  of  land  and  other  rights  of  way 
needed  for  their  construction  and  for  the  u.se  of  such  district,  the  esti- 
mated disi-ounts  or  cast  of  credit  which  it  would  be  necessary  to 
establish;  interest  during  the  period  of  construction;  overhead  and 
other  carrying  charges  and  reasonable  contractor's  profit  commensurate 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  123 

with  the  risks  involved ;  and  the  total  e.stimate  thus  obtained  shall  be 
the  estimated  reasonable  expense  of  irrifjation  or  the  "irrigation 
charge"  against  the  lands  to  be  irrigated.  After  receiving  such  report 
the  commission,  if  it  shall  be  convinced  and  shall  declare  by  resolution 
that  the  supply  of  water  available  for  the  use  of  the  district  is  sufficient 
for  all  purposes  and  that  the  said  project  is  in  all  other  respects  feas- 
ible, shall  make  an  order  determining  the  amount  of  bonds  that  .should 
be  issued  in  order  to  rai.se  the  amount  of  money  needed  for  the  pur- 
pose or  purposes  for  which  said  bonds  are  desired ;  and,  said  bonds 
may  be  issued  as  provided  by  this  act  and  when  so  issued  shall  consti- 
tute a  lien  or  liens  against  the  lands  of  a  district  to  be  thus  reclaimed 
as  contemplated  by  the  act  of  congress,  approved  June  11,  1896,  (29 
Stats.  413-434)  and  shall  be  valid  on  and  against  the  separate  legal 
subdivisions  of  land  thus  reclaimed  and  irrigated,  for  the  actual  cast 
and  nec&ssary  expense  of  reclamation  and  rea.sonable  interest  thereon 
from  the  date  of  reclamation  until  dispased  of  to  actual  settlers;  and, 
.after  the  reclamation  and  settlement  of  any  lands  thus  reclaimed  such 
bonds  shall  remain  a  lien  against  such  lands  and  shall  be  superior  and 
prior  to  any  other  lien  which  may  be  created  until  paid,  and  the  com- 
mission is  hereby  authorized  to  issue  bonds  under  such  lien  to  be  secured 
by  the  same  and  may,  from  time  to  time,  as  provided  in  section  nine 
of  this  act,  sell  said  bonds,  the  proceeds  to  be  used  only  for  the  recla- 
mation of  such  lands,  such  total  issue  of  bonds  to  have  a  par  value  not 
to  exceed  the  total  estimated  irrigation  charge  again.st  the  lands  of 
such  district. 

Sale  of  bonds. 

Sec.  9.  The  commission  may  sell  such  bonds,  from  time  to  time,  and 
in  such  quantities  as  may  be  neces.sary  and  most  advantageous  to  raise 
money  for  the  construction  of  such  canals  and  works,  the  acquisition 
of  property  and  rights,  or  the  acquisition  of  any  water  or  water  riglits 
or  otherwise  to  fully  carry  out  the  objects  and  purposes  of  this  act. 
Before  making  any  such  sale,  the  commission  shall,  at  a  meeting,  by 
resolution,  declare  its  intention  to  sell  a  specified  amount  of  the  bonds 
and  the  day  and  hour  and  place  of  such  sale,  and  shall  cause  sucli 
resolution  to  be  entered  in  the  minutes  and  notice  of  the  sale  to  he  given 
by  publication  thereof,  for  at  least  three  weeks,  in  some  newspaper 
published  in  the  county  in  which  the  district  is  situated  and  in  any 
other  new.spaper  at  its  di.scretion.  The  notice  shall  state  that  sealed 
proposals  will  be  received  by  the  commi.ssion  at  their  office  for  the  pur- 
chase of  bonds  till  the  day  and  hour  named  in  the  resolution.  At  the 
time  appointed  the  commission  shall  open  the  proposals  and  award  the 
purchase  of  the  bonds  or  any  portion  or  portions  thereof  to  the  highest 
bidder  or  bidders;  proimicd,  hoircvcr,  that  thev  iiiav  reject  anv  or 
all  bids. 

Assessments. 

Sec.  10.  In  case  the  money  raised  by  the  sale  of  boiuls  issued  be 
insufficient  or  in  case  the  bonds  l)e  not  available  for  the  completion  of 
the  plan  of  canal  and  works  adopted  and  the  acquisition  of  the  necessary 
property,  waters  and  water  rights  therefor  and  additional  bonds  be  not 


124  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

voted,  it  shall  be  the  duty  of  the  commission  to  provide  for  the  com- 
pletion of  said  plan  and  the  accjuisition  of  such  necessary  property, 
waters  and  water  rights  by  levy  of  assessments  therefor  on  or 
before  the  first  Monday  in  August  in  each  year,  and  the  commission 
shall  levy  an  assessment  against  all  the  land  included  in  a  district  which 
may  be, subject  to  assessment  to  raise  the  annual  interest  on  the  out- 
standing bonds  of  such  district ;  and,  in  any  year  in  tvhich  any  bond  shall 
fall  due  it  must  increase  such  assessment  to  an  amount  sufficient  to  raise 
a  sum  sufficient  to  pay  the  principal  of  the  outstanding  bonds  as  they 
mature  and  pay  the  cost  of  operating  and  maintaining  the  canal  system 
of  the  district ;  also  sufficient  to  pay  in  full  all  sums  due  or  that  shall 
become  due  from  the  district  before  the  time  of  levying  the  next  annual 
assessment  on  account  of  rentals  or  charges  for  lands,  water,  or  water 
rights  acquired  by  said  district  under  lease  or  contract;  also  sufficient 
to  pay  in  full  the  amount  of  any  other  contract  or  obligation  of  the 
district  which  shall  have  been  reduced  to  judgment;  provided,  also,  that 
the  commission  shall  have  authority  to  charge  a  toll  or  rental  for  the 
delivery  of  water  in  an  amount  sufficient  to  pay  the  cost  of  operating  and 
maintaining  the  canal  system ;  or,  such  expense  may  be  met  by  both 
assessment  and  tolls  in  such  proportion  as  the  commission  might  decide 
would  be  most  advantageous  to  the  land  owners  of  such  district. 

Series  of  bonds. 

Sec.  11.  All  bonds  issued  under  the  provisions  of  this  act  shall  be 
payable  in  gold  coin  of  the  United  States  in  twenty  series,  as  follows, 
to  wit: 

At  the  expiration  of  twenty-one  years  from  the  date  of  any  issue  of 
the  said  bonds,  two  per  centum  of  the  whole  amount  of  such  issue ;  at 
the  expiration  of  twenty-two  years  from  said  date  two  per  centum  of 
the  whole  amount  of  such  issue ;  at  the  expiration  of  twenty-three  years 
from  said  date,  three  per  centum  of  the  Avhole  amount  of  such  issue ;  at 
the  expiration  of  twenty-four  years  from  said  date  three  per  centum  of 
the  w^hole  amount  of  such  issue ;  at  the  expiration  of  twenty-five  years 
from  said  date  four  per  centum  of  the  whole  amount  of  such  issue;  at 
the  expiration  of  twenty-six  years  from  said  date  four  per  centum  of 
the  whole  amount  of  such  issue ;  at  the  expiration  of  twenty-seven  years 
from  said  date,  four  per  centum  of  the  whole  amount  of  such  issue ;  at 
the  expiration  of  twenty-eight  years  from  said  date  four  per  centum  of 
the  whole  amount  of  such  issue ;  at  the  expiration  of  twenty -nine  years 
from  said  date,  five  per  centum  of  the  whole  amount  of  such  issue;  at 
the  expiration  of  thirty  years  from  said  date,  five  per  centum  of  the 
whole  amount  of  such  issue;  at  the  expiration  of  thirty-one  years  from 
said  date,  five  per  centum  of  the  whole  amount  of  such  isstie ;  at  the 
expiration  of  thirty-two  years  from  said  date  five  per  centum  of  the 
whole  amount  of  such  issue;  at  the  expiration  of  thirty-three  years  from 
said  date  six  per  centum  of  the  whole  amount  of  such  issue;  at  the 
expiration  of  thirty-four  years  from  said  date  six  per  centum  of  the 
whole  amount  of  such  issue ;  at  the  expiration  of  thirty-five  years  from 
said  date  six  per  centum  of  the  whole  amount  of  such  issue ;  at  the 
expiration  of  thirty-six  years  from  said  date  six  per  centum  of  the  whole 
amount  of  such  issue ;  at  the  expiration  of  thirty -seven  years  from  said 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  125 

•  lati.^,  seven  per  centum  of  the  whole  ainount  of  said  issue;  at  the  expira- 
tion of  thirty-eight  years  from  said  date  seven  per  centum  of  the  whole 
amount  of  such  issue;  at  the  expiration  of  thirty-nine  years  from  said 
(late,  eight  per  centum  of  the  whole  amount  of  such  issue ;  at  the  expira- 
tion of  forty  years  from  said  date,  eight  per  centum  of  the  whole  amount 
of  such  issue. 

While  the  foregoing  several  enumerated  percentages  are  of  the  entire 
amount  of  the  bond  issue,  each  bond  mast  be  made  payable  at  a  given 
time  for  its  entire  amount  and  not  for  a  percentage.  The  date  of  the 
issue  of  any  bond  authorized  under  this  act  shall  be  deemed  to  be  the 
apparent  date  of  issue  of  the  .said  bonds  appearing  upon  the  face  thereof, 
which  date  shall  be  subsequent  to  the  date  of  the  resolution  of  the  com- 
mission authorizing  the  issue  of  the  .said  bonds  and  prior  to  the  date  of 
actual  delivery  of  said  bonds  to  the  purchaser  thereof.  Said  bonds  shall 
bear  interest  at  a  rate  to  be  determined  by  the  commission,  but  not 
exceeding  six  per  cent  per  annum,  payable  semi-annually  on  the  first 
day  of  January  and  the  first  day  of  July  of  each  year.  Principal  and 
interest  shall  be  payable  at  the  place  designated  therein.  Said  bonds 
shall  be  each  of  the  denomination  of  not  less  than  one  hundred  (.$100) 
dollars  nor  more  than  one  thousand  ($1,000)  dollars  as  the  commission 
may  determine.  They  shall  be  negotiable  in  form,  signed  by  the  presi- 
dent and  secretary  of  said  commission  and  the  seal  of  the  commission 
shall  be  affixed  thereto.  Each  issue  shall  be  numbered  consecutively 
as  issued  and  the  bonds  of  each  issue  shall  be  numbered  consecutively 
and  bear  date  at  the  time  of  their  issue.  Coupons  for  the  interest  shall 
be  attached  to  each  bond  signed  by  the  secretary.  Said  bonds  shall 
express  on  their  face  that  they  were  i.ssued  l)y  authority  of  this  act, 
stating  its  title  and  date  of  approval  and  also  stating  the  number  of  the 
issue  of  which  such  bonds  are  a  part.  The  secretary  shall  keep  a  record 
of  the  bonds  .sold,  their  number,  the  dater  of  sale,  the  price  received  and 
the  name  of  the  purchaser.  The  provision  of  this  .section  defining  what 
shall  constitute  the  date  of  issue  of  bonds  shall  apply  to  any  and  all 
bonds  issued  in  pursuance  of  this  act. 

Payment  of  interest  and  principal. 

Sec.  12.  Upon  the  presentation  of  the  coupons  due  on  bonds  issued 
against  the  land  of  any  said  irrigation  district  to  the  stat(»  treasurer  he 
shall  pay  the  same  from  the  bond  fund  of  such  district.  Whenever  such 
fund  shall  amount  to  the  sum  of  ten  thousand  dollar.'j  in  excc>ss  of  an 
amount  sufficient  to  meet  the  interest  coupons  due.  tlie  conuni.ssion  may 
direct  the  treasurer  to  pay  such  an  amount  of  such  l)onds  due  as  the 
money  in  said  fund  will  redeem  at  the  lowest  value  at  whicii  they  may 
be  offered  for  liquidation  after  advertising  in  the  manner  hereinbefore 
provided  for  the  sale  of  bonds,  for  sealed  proposals  for  the  redemption 
of  such  bonds.  Said  proposals  shall  l)e  opened  by  the  commission  in 
open  meeting  at  a  time  to  be  named  in  the  notice  and  the  lowest  bid  for 
said  bonds  must  be  accepted;  provided,  that  no  bond  shall  be  redeemed 
at  a  rate  above  par.  In  case  the  bids  are  equal,  the  lowest  numbered 
bond  shall  have  the"  preference.  In  case  none  of  the  holders  of  said 
bonds  shall  desire  to  have  the  same  redeemed  as  herein  provided  for 
said  money  shall  be  invested  by  the  state  treasurer  under  direction  of 


126  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

the  commission  in  United  States  bonds  or  the  bonds  of  the  state  which 
shall  be  kept  in  the  bond  fnnd  of  snch  district  and  may  be  used  to 
redeem  such  district  bonds  whenever  the  holders  thereof  may  desire. 

Annual  assessment. 

Sec.  13.  The  bonds  issued  and  the  interest  thereon  shall  be  paid  by 
revenue  derived  from  an  annual  assessment  upon  the  land  of  the 
district  against  which  such  bonds  may  have  been  issued  on  the  basis 
provided  in  section  nineteen  of  this  act  and  all  the  land  in  such  di.striet 
shall  be  and  remain  liable  to  be  assessed  for  such  payments  as  herein 
provided. 

District  superintendent. 

Sec.  14.  The  commission  shall  have  power  to  appoint  a  represent- 
ative of  any  state  irrigation  district  who  shall  reside  within  the  limits 
of  such  district,  and  who  may  be  empowered  to  act  for  the  commission 
in  all  matters  relating  to  the  affairs  of  such  district;  the  commission 
shall  fix  his  compensation  and  he  shall  hold  office  at  the  pleasure  of 
such  commission.  Before  assuming  the  duties  of  such  office,  such 
representative  shall  execute  an  official  bond  in  a  sum  not  to  exceed 
fifty  thousand  dollars  and  not  less  than  ten  thousand  dollars.  Such 
official  bond  shall  be  in  the  form  prescribed  by  law  for  the  official  bonds 
of  county  officers.  Such  representative  may  be  given  authority  to 
represent  such  commission  during  the  construction  of  the  W'Orks;  to 
receive  applications  for  the  entry  of  land  under  the  provisions  of  this 
act ;  receive  annual  and  final  proofs  and  issue  certificates  relating  to  the 
same.  He  may  be  empowered  to  prepare  the  annual  assessment  rolls 
and  collect  and  receive  such  assessments  on  behalf  of  such  commission. 
Such  representative  of  the  commission  shall  be  designated  "District 
Superintendent."  The  commission  is  hereby  authorized  to  appoint  a 
district  advisory  board  of  any  state  irrigation  district,  consisting  of 
three  members  who  shall  be  residents  of  such  district  and  who  shall 
hold  office  at  the  pleasure  of  the  commission  and  shall  serve  without 
compensation.  The  commission  is  hereby  empowered  to  extend  such 
authority  to  such  district  advisory  board  as  may  be  deemed  for  the  best 
interests  of  such  district. 

Bids  on  construction  of  works. 

Sec.  15.  When  the  commission  shall  have  made  an  estimate  of  the 
cost  of  a  project,  it  shall  invite  bids  or  proposals  for  the  construction 
of  the  necessary  works  by  publication,  for  a  period  of  six  wrecks  in  not 
more  than  six  newspapers  of  weekly  issue  as  in  the  opinion  of  such 
commission  would  be  most  likely  to  bring  the  matter  to  the  attention 
of  persons  best  able  to  undertake  the  construction  of  the  works  pro- 
po.sed.  Such  notice  shall  contain  a  brief  description  of  the  works 
I)ropased,  the  volume  and  kind  of  material  to  be  moved,  the  kind  of 
.structures  to  be  built,  and  the  total  estimated  cost  of  the  project  and 
the  place  or  places  where  plans,  estimates  and  specifications  can  be 
inspected.  Such  bids  or  proposals  shall  be  received  by  the  commission 
on  the  day  and  hour  stated  in  the  publication  and  such  commission  shall 
thereupon  examine  all  such  bids  or  proposals  as  may  be  submitted  and 


I 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  127 

shall  accept  the  propasal  of  the  lowest  and  most  responsible  bidder, 
provided  tlie  price  at  which  it  is  proposed  such  work  would  be  con- 
structed is  not  greater  than  the  total  estimated  cost  of  such  project  as 
prepared  by  such  commission  or  such  commission  may  reject  any  or 
all  of  such  bids.  If  the  price  submitted  for  the  construction  of  such 
works  should  be  greater  than  the  total  estimated  cost  prepared  by  the 
commission,  the  commission  shall  arrange  for  a  public  hearing  and 
may  summon  witnesses  to  testify  as  to  the  reasonableness  of  any  price 
or  terms  which  may  have  been  submitted  or  may  receive  other  pro- 
posals and  the  commission  may,  after  a  careful  consideration  of  all 
evidence  which  may  be  submitted  and  representations  that  may  be 
made  at  such  hearing,  accept  a  propasal  for  a  price  greater  than  the 
estimated  cost  of  the  project  prepared  by  such  commission.  Each  bid 
or  propasal  that  may  be  submitted  shall  be  accompanied  by  a  certified 
check  made  payable  to  the  commission,  equal  in  amount  to  two  per  cent 
of  the  estimated  cost  of  such  project,  which  check  shall  be  forfeited  to 
such  commission  if  the  individual,  firm,  association  or  corporation  sub- 
mitting such  bid  or  proposal  shall,  after  its  acceptance  by  the  commis- 
sion, refuse  to  enter  into  a  contract  with  the  commission  for  the  con- 
struction of  the  works  of  such  project  as  provided  by  the  general  terms 
of  such  proposal  and  such  commission  shall  deposit  with  the  state 
treasurer  the  amount  thus  forfeited  and  the  state  treasurer  shall  place 
the  same  to  the  credit  of  the  bond  guarantee  fund  created  under  the 
provisions  of  section  thirty-eight  of  this  act;  provided,  further,  that  no 
proposal  for  the  construction  of  irrigation  work  shall  be  accepted  until 
the  commission  shall  have  satisfied  itself  that  the  individual,  firm,  asso- 
ciation or  corporation  submitting  the  same  is  financially  able  to  carry 
the  undertaking  to  completion  within  tiie  time  specified  and  under  the 
terms  provided  and  for  the  amount  agreed  to  in  such  proposal. 

Contract  for  construction  of  works. 

Sec.  16.  The  individual,  firm,  association  or  corporation,  whose 
proposal  for  the  construction  of  the  works  of  any  irrigation  project 
to  be  constructed  under  the  provisions  of  this  act  has  been  accepted  by 
the  commission  shall,  within  a  period  of  tliirty  days  from  the  date  of 
such  acceptance  be  prepared  to  enter  into  a  contract  with  sucli  commis- 
sion for  the  construction  of  such  works  in  accordance  with  the  plans, 
specifications  and  terms  ui)on  which  tlie  acceptance  of  such  propasal  is 
based,  such  contract  to  be  accompanied  by  a  satisfactory  bond  on  the 
part  of  the  proposed  contractor  for  tlie  construction  of  such  works, 
which  bond  .shall  be  in  a  penal  sum  e(jual  to  fifteen  per  cent  of  the 
estimated  cost  of  the  works  and  shall  be  conditioned  for  the  faithful 
l)"erformance  of  the  provisions  of  the  contract  with  the  State  of  Cali- 
fornia, but  the  commission  shall  have  the  autiiority  to  extend  the  time 
of  entering  into  such  agreement,  but  such  time  shall  not  be  extended 
more  than  ninety  days  from  the  date  of  the  acceptance  of  such  pro- 
posal. The  plans,  specifications  and  terms  upon  which  the  accepted 
proposal  is  based,  shall  be  made  a  part  of  the  contract;  the  time  for 
the  completion  of  the  works  shall  also  be  stated,  which  shall  not  be 
more  than  five  years  from  the  date  of  the  acceptance  of  the  proposal; 
but,  in  the  case  of  works  of  great  magnitude  the  commission  shall  have 
authority  to  extend  the  time  for  completion  not  exceeding  two  years. 

9— 4S601 


128  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

All  contracts  shall  state  that  work  shall  begin  within  three  months 
from  the  date  of  the  contract  and  that  such  work  shall  be  prosecuted 
diligently  and  continuously  and  at  a  rate  commensurate  with  the  mag- 
nitude of  the  undertaking  and  which  would,  at  all  times,  insure  its 
completion  by  the  time  agreed  to  in  such  contract;  provided,  further, 
that  if  there  shall  be  an  interruption  of  wor^v  on  any  of  the  controlling 
features  of  such  project,  as  may  be  determined  by  the  state  engineer, 
caused  by  flood,  storms,  or  other  natural  causes,  the  commission  may 
grant  an  extension  equal  to  such  delay.  All  work  to  be  done  under  the 
provisions  of  this  act  shall  be  in  pursuance  of  plans  and  specifications 
to  be  prepared  by  the  state  engineer  and  all  such  work  shall  be  under 
his  supervision  and  shall  be  completed  to  his  satisfaction,  A  failure 
to  complete  the  works  within  the  time  required  by  the  contract  or  an 
extension  thereof  as  herein  provided  shall  forfeit  to  the  state  all  rights 
under  the  same. 

Failure  to  begin  on  time. 

Sec.  17.  Upon  the  failure  of  any  parties  having  a  contract  with 
the  state  for  the  construction  of  irrigation  works  to  begin  the  same 
within  the  time  specified  by  the  contract  or  to  complete  the  same  within 
the  time  or  in  accordance  with  the  specifications  of  the  contract  to  the 
satisfaction  of  the  commission,  it  shall  be  the  duty  of  the  commission 
to  give  such  parties  written  notice  of  such  failure  and  if  after'  a  period 
of  thirty  days  from  the  sending  of  such  notice,  they  shall  fail  to  pro- 
ceed with  the  work  or  to  conform  to  the  specifications  of  their  contract 
with  the  state,  the  bond  and  contract  of  such  parties  and  all  work  that 
may  have  been  performed  under  such  contract  and  all  the  material 
entering  therein  or  which  may  be  delivered  or  the  works  constructed 
or  to  be  constructed  thereunder  shall  be  at  .once  and  thereby  forfeited 
to  the  state;  and  it  shall  be  the  duty  of  the  commission  at  once  to  so 
declare  and  give  notice  once  each  week  for  a  period  of  four  weeks  in 
some  newspaper  in  general  circulation  in  the  county  or  counties  in 
which  the  work  is  situated  and  in  one  newspaper  at  the  state  capital, 
in  like  manner  and  for  a  like  period  of  the  forfeiture  of  such  contract 
and  that  upon  a  fixed  day,  proposals  will  be  received  at  the  ofiice  of  the 
commission  for  the  completion  of  such  contract  and  the  time  for  receiv- 
ing said  proposals  shall  be  at  least  sixty  days  subsequent  to  the  issuing 
of  the  last  notice  of  forfeiture.  And  the  commission  shall  have  author- 
ity to  accept  a  proposal  for  such  completion  and  may  enter  into  a 
contract  for  the  same  as  in  the  case  of  an  original  proposal ;  and  if  by 
reason  of  a  failure  or  forfeiture  under  a  contract  or  for  any  other 
cause  the  total  cast  of  a  project  should  exceed  the  original  estimated 
irrigation  charge,  the  commission  shall  have  the  authority  to  make  such 
equitable  distribution  or  addition  of  any  such  excess  or  increased  cost 
to  any  or  all  of  the  farm  units  of  such  district  as,  in  the  judgment  of 
such  commission  may  be  deemed  just  and  such  adjusted  or  increased 
irrigation  charge  shall,  thereafter,  be  the  basis  for  all  assessments 
against  such  farm  units  as  contemplated  by  the  provisions  of  this  act. 

Payments  to  contractor. 

Sec.  18.  The  contract  for  the  construction  of  works  of  a  district 
shall  provide  that  payments  shall  be  made  to  the  contractor  only  as 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  129 

lands  are  open  to  entry  from  time  to  time  and  there  shall  be  due  and 
payable  at  such  times  only  such  amounts  as  would  equal  the  total  irriga- 
tion charge  against  such  land  as  shall  have  been  provided  with  means 
of  irrigation. 

Classification  of  lands. 

Sec.  19.  As  soon  as  the  estimated  irrigation  charge  .shall  have  been 
determined,  it  shall  be  the  duty  of  the  .state  engineer  to  make  a  classifi- 
cation of  the  lands  of  such  district,  dividing  it  into  farm  units  and 
noting  the  location  and  area  of  the  irrigable  and  non-irrigable  land  of 
each  of  such  farm  units,  which  may  be  of  varying  size,  but  none  of  such 
farm  units  shall  be  greater  than  one  hundred  sixty  acres  or  less  than 
twenty  acres  and  he  shall  charge  the  irrigation  charge  or  cost  of  the 
project  against  such  farm  units  in  the  proportion  of  the  benefits  which 
it  is  estimated  would  be  derived  by  each  of  such  farm  units  from  the 
construction  of  such  works;  and  the  amount  thus  charged  against  any 
farm  unit,  or  the  proportion  which  such  charge  bears  to  the  total  cost 
of  such  project,  shall  be  the  basis  of  assessment  during  the  period  of 
construction  and  when  construction  is  completed  and  the  irrigation 
charge  is  finally  adjusted  shall  be  and  remain  the  basis  of  all  assess- 
ments which  may  thereafter  be  made  against  such  farm  units  under  the 
lien  that  may  be  created  against  any  or  all  of  the  lands  of  such  project 
in  pursuance  of  the  provisions  of  this  act.  and  of  the  act  of  congress 
approved  June  11,  1896.     (29  Stats.  413-434.) 

Map  filed  with  recorder. 

Sec.  20.  Whenever  the  commission  shall  decide  to  proceed  with  the 
construction  of  works  for  the  irrigation  of  the  lands  of  a  state  irrigation 
district  and  to  issue  bonds  for  the  payment  of  the  same,  and  before  any 
of  such  lands  shall  be  open  for  entry,  .the  commission  shall  file  for  record 
in  the  office  of  the  county  recorder,  in  the  county  or  counties  in  which 
such  lands  may  be  situated,  a  map  on  tracing  linen,  on  a  scale  not  less 
than  two  inches  to  the  mile,  on  which  .shall  be  .shown  the  lands  of  such 
state  irrigation  district  that  are  to  be  irrigated,  subdivided  into  farm 
units,  together  with  a  list  of  such  farm  units;  and  there  shall  be  noted 
on  such  map  in  each  farm  unit  subdivision  and  on  such  list  of  lands  the 
irrigation  charge  which  has  been  made  against  each  of  such  farm  units, 
which  charge  .shall  serve  as  a  basis  for  as.se.ssments  as  provided  in  section 
nineteen  of  this  act.  And  there  shall  also  be  recorded  a  certified  copy 
of  the  resolution  of  the  commi.ssion  providing  that  such  irrigation  charge 
shall  become  a  lien  against  the  lands  of  the  district  and  the  subdivisions 
thereof  on  the  basis  indicated  on  such  map  and  list ;  also  a  certified  copy 
of  the  resolution  or  resolutions  providing  for  the  issuing  of  bonds  for 
the  construction  of  such  works  shall  be  filed  for  record  by  the  commission 
with  such  recorder  or  recorders.  Any  owner  of  private  lands,  situated 
within  the  limits  of  a  project  to  be  constructed  under  the  provisions  of 
this  act  may  have  such  lands  included  in  such  project,  by  entering  into 
an  agreement  with  the  commission,  which  agreement  shall  provide  that 
an  equitable  portion  of  the  cost  of  such  works  shall  be  charged  against 
such  land  on  the  same  basis  and  in  the  same  manner  followed  in  the  case 
of  the  public  lands  of  the  project  and  that  any  area  of  land  in  private 


130  CALIFORNIA  IRRIGATION  DISTRICT   LAWS. 

ownership,  which  it  may  be  desired  to  thus  include,  in  exeass  of  any 
farm  unit  area  which  shall  be  decided  by  the  commission  and  not  to 
exceed  one  hundred  sixty  acres,  shall  be  subdivided  by  the  state  engineer 
into  farm  units  and  sold  by  the  commission  at  a  price  and  on  terras  to 
be  agreed  to  with  the  commission,  the  price  at  which  such  land  may  be 
sold  to  be  not  greater  than  two  and  one-half  times  its  assessed  value  at 
the  time  such  agreement  is  made ;  and  such  owner  shall  also  agree  that 
the  cost  of  irrigation  shall  be  a  first  lien  against  his  land,  the  terms  of 
such  lien  to  be  the  same  in  every  respect  as  the  lien  which  may  be 
created  against  the  public  land  of  the  project;  and  he  shall  execute  a 
mortgage  against  such  land  as  would  enable  the  commission  to  establish 
such  a  lien ;  also  that  such  land  shall  be  incorporated  into  and  be  subject 
to  all  assessments  which  may  be  made  by  order  of  such  commission ;  and, 
when  the  owner  of  any  privately  owned  lands  shall  have  thus  entered 
into  such  contract  the  commission  may,  if  it  shall  be  deemed  to  be  the 
best  interests  of  the  project,  declare  such  privately  owned  lands  a  part 
of  the  project  and  of  the  state  irrigation  district,  which  is  to  be  created 
or  may  have  been  created  and  shall  indicate  each  unit  of  such  lands, 
with  the  irrigation  charge  noted,  on  the  map  of  such  district  and  shall 
add  such  lands  to  the  list  of  lands  to  be  recorded  as  herein  provided. 

Amended  maps  on  completion  of  works. 

Sec.  21.  Upon  the  final  completion  of  the  works  of  a  project  the 
commission  shall  file  for  record  with  the  county  recorder  of  the  county 
or  counties  in  which  the  project  is  situated,  an  amended  map  of  the 
project  and  a  list  of  all  lands  on  which  shall  be  noted  the  irrigation 
charges  as  they  may  finally  be  adjusted  by  the  commission,  together  with 
appropriate  resolutions  in  relation  thereto,  and  such  amended  map  and 
list  and  resolution  shall  then  become  the  final  basis  of  all  future  assess- 
ments to  be  made  against  the  lands  of  such  project  in  carrying  out  the 
provisions  of  this  act;  and,  the  recorder  of  a  county  in  which  such 
project  or  any  portion  of  a  project  is  situated  shall  at  the  request  of  the 
commission  receive  and  record  all  resolutions  of  the  commission  relating 
to  the  creation  of  a  lien  against  the  lands  of  a  state  irrigation  district 
and  the  list  of  the  lands  thereof  and  shall  file  in  a  plat  book  to  be  pro- 
vided for  such  purpose  all  the  maps  and  plats  of  the  lands  of  such 
district  that  may  be  offered  for  record. 

Assignment  of  entry. 

Sec.  22.  No  entry  of  land  made  under  the  provisions  of  this  act 
shall  be  assignable  except  to  the  State  of  California,  and  shall  not  be 
re-entered  until  at  least  sixty  days  after  such  assignment  and  not  until 
the  register  has  by  publication,  once  each  week  for  a  period  of  four 
weeks  in  a  newspaper  published  in  the  county  in  which  such  land  is 
situated  and  in  another  newspaper  of  general  circulation  to  be  selected 
by  the  register  advertised  that  such  land  will  be  open  to  re-entry  at  the 
office  of  the  commission  or  its  agent  in  the  county  in  which  such  land  is 
situated  at  an  hour  and  date  which  shall  be  not  less  than  fifteen  nor 
more  than  thirty  days  subsequent  to  the  last  date  of  such  publication 
and  describing  such  land  and  the  appraised  value  of  any  improvements 


CALIFORNIA  IRRIGATION  DISTRICT   LAWS.  131 

which  may  have  been  placed  upon  the  same  as  determined  by  the  com- 
mission and  stating  that  the  right  to  re-enter  any  such  farm  unit  or 
units  will  be  awarded  to  the  highest  qualified  bidder  for  the  same;  and 
the  commission  shall  not  be  obliged  to  return  to  the  previous  entrj'man 
all  or  any  portion  of  any  amount  which  may  thus  be  received  from  the 
sale  of  the  improvements  which  may  have  been  placed  upon  such  entry 
by  him,  the  value  of  which  shall  have  been  appraised,  but  the  com- 
mission may  place  any  or  all  of  the  money  thus  received  in  the  bond 
guarantee  fund  of  such  district.  The  commission  shall  cancel  any  entry 
for  non-compliance  with  the  provisions  of  this  act  relating  to  the  pay- 
ment of  tolls,  water  rentals  or  assessments  or  for  failure  to  cultivate  or 
reside  upon  such  entry  in  the  manner  provided  by  this  act  and  in 
accordance  with  the  rules  and  regulations  in  relation  to  the  same  as  may 
be  provided  by  such  commission,  and,  in  the  event  of  such  cancellation 
such  entry  shall  be  re-entered  in  the  manner  herein  provided. 

Entryman  to  become  resident. 

Sec.  23.  Within  six  months  after  entering  land  under  the  provisions 
of  this  act  the  entryman  shall  become  an  actual  and  bona  fide  resident 
upon  such  land  and  shall  continue  to  reside  upon  such  land  during  at 
least  .six  months  of  each  year  until  patent  shall  have  been  granted  to 
him  for  the  land  embraced  in  such  entry.  And  within  the  irrigation 
season  next  following  the  date  of  entry  of  land  the  entryman  shall  pre- 
pare for  irrigation  and  shall  irrigate  and  cultivate  to  crops  twenty-five 
per  cent  of  the  irrigable  area  of  such  entry  and  during  the  second  irriga- 
tion season  he  shall  prepare  for  irrigation  and  shall  irrigate  and 
cultivate  to  crops  one-half  of  the  irrigable  area  of  such  entry;  and, 
during  the  third  irrigation  season  he  shall  prepare  for  irrigation  and 
shall  irrigate  and  cultivate  to  crops  seventy-five  per  cent  of  the  irrigable 
land  of  such  entry.  Such  classification  as  to  irrigability  to  be  made  by 
the  state  engineer,  as  provided  in  section  nineteen  of  this  act.  Four 
years  from  the  date  of  entry  the  entryman  shall  ofPer  final  proof  of 
residence  upon  and  cultivation  of  his  entry  "before  the  register  or  a 
representative  of  such  register  in  the  county  in  which  such  land  is 
situated  and  if  such  final  proof  is  accepted  the  commission  shall  issue 
a  patent  in  the  name  of  the  state  to  .such  entryman ;  provided,  that  at 
the  time  of  such  final  proof  seventy-five  per  cent  of  the  irrigable  area 
of  such  entry  shall  have  been  prepared  for  irrigation  and  shall  be  irri- 
gated and  cultivated.  The  commission  shall  provide  suitable  rules  for 
the  filing  of  proposals  for  constructing  irrigation  works  and  for  the 
entry  of  and  the  payment  for  the  land  by  settlers ;  for  offering  annual 
and  final  proof  and  for  the  forfeiting  of  entry  upon  failure  to  comply 
with  the  provisions  of  this  act,  and  in  relation  to  other  duties  and 
obligations  of  the  entrj^nan  in  carryinc:  out  the  provisions  of  the  act. 
Such  rules  and  regulations  shall  be  designed  to  carry  out  the  chief  pur- 
pose of  this  act  which  is  that  speculation  in  such  lands  may  be  prevented 
and  that  they  may  be  entered  by  actual  settlers  who  will  put  them  to 
the  beneficial  use  injtended  so  repayment  of  the  cost  of  reclamation  may 
be  assured. 


132  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Order  of  construction  of  works. 

Sec.  24.  The  construction  of  all  irrigation  works  of  a  state  irriga- 
tion district  shall  be  prosecuted  in  regular  order  beginning  at  the  upper 
end  of  such  district  to  be  irrigated  and  continuing  towards  the  lower 
end,  and  all  diverting  works,  main  canals,  laterals  and  structures  shall 
be  completed  as  such  work  proceeds,  so  that  all  the  land  tributary 
thereto  may  be  irrigated  and  Avhenever  irrigation  facilities  shall  have 
been  completed  for  the  irrigation  of  one-fifth  of  the  area  of  an  irriga- 
tion district  the  commission  shall  accept  such  works,  provided  they  shall 
have  been  completed  to  the  satisfaction  of  the  state  engineer;  and 
thereupon  the  commission  shall,  within  thirty  days  from  such  accept- 
ance declare  open  to  public  entry  such  portions  of  the  lands  of  such 
project  as  have  been  provided  with  irrigation  facilities  and  for  which 
water  is  available  for  irrigation ;  and  it  shall  be  the  duty  of  the  com- 
mission, by  publication  once  eaish  week  in  some  newspaper  of  the  county 
in  which  such  lands  are  situated^and  one  newspaper  each  in  Sacra- 
mento, San  Francisco,  and  Los  Angeles,  for  a  period  of  four  weeks  to 
give  notice  that  said  land  is  open  for  settlement,  the  price  for  which 
said  land  will  be  sold  to  settlers  by  the  state  and  the  average  irrigation 
charge  against  such  land  and  the  terms  of  payment ;  also  any  privately 
owned  lands  whicli  may  be  held  under  contract  for  sale  by  the  commis- 
sion and  the  price  at  which  such  land  will  be  sold  to  actual  settlers  and 
the  terms  of  the  same;  and,  from  time  to  time  thereafter  as  works  are 
completed  for  the  irrigation  of  the  lands  of  such  district  such  works 
shall  be  accepted  and  such  land  shall  be  thrown  open  to  entry;  but 
each  of  the  first  four  public  openings  of  lands  of  a  district  shall  contain 
an  area  not  less  than  one-fifth  of  the  total  area  of  the  district  unless 
one  of  such  openings  shall  include  all  the  remaining  lands  of  such 
district. 

Qualification^  of  applicants. 

Sec.  25.  Any  citizen  of  the  United  States  or  any  person  having 
declared  his  intention  to  become  a  citizen  of  the  United  States,  except- 
ing married  women,  unless  head  of  a  family,  over  the  age  of  twenty-one 
years,  may  make  application,  under  oath  to  the  register,  or  his  agent, 
to  enter  a  single  farm  unit  and  such  application  shall  set  forth  that 
the  person  desiring  to  make  such  entry  does  so  for  the  purpose  of 
actual  reclamation,  cultivation  and  settlement  in  accordance  with  the 
act  of  congress  and  the  laws  of  this  state  relating  thereto,  and  that  the 
applicant  has  never  received  the  benefit  of  the  provisions  of  this  act 
and  that  such  application  is  made  subject  to  such  rights  of  way  as  may 
be  deemed  necessary  by  the  commission  for  the  construction  of  irriga- 
tion works  and  their  proper  operation  and  maintenance  thereafter,  and 
to  all  the  provisions  of  this  act  with  respect  to  the  lien  against  such 
land  which  may  have  been  created  or  may  be  created  by  the  authority 
of  the  commission,  and  .subject  to  the  authority  of  the  commission  in  all 
matters  relating  to  the  levying  and  collecting  of  assessments,  tolls  and 
water  rentals  of  every  kind  and  subject  to  the  authority  of  the  com- 
mission in  relation  to  the  control  and  operation  of  the  irrigation  system. 
All  applications  for  entry  .shall  be  accompanied  by  a  pavment  of  one 
dollar  per  acre,  which  will  be  returned  to  the  applicant  if  the  applica- 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  133 

tion  is  not  allowed.  If  the  application  is  allowed  a  certificate  shall  be 
issued  to  the  applicant  and  all  certificates  when  issued  shall  be  recorded 
in  a  book  to  be  kept  for  that  purpose.  The  commission  will  dispose  of 
all  lands  accepted  by  the  state  under  the  provisions  of  this  act,  at 
a  uniform  price  of  one  dollar  per  acre.  The  application  shall  also  be 
'  accompanied  by  any  amounts  or  charges  which  may  have  been  assessed 
against  such  land  and  which  are  due  and  payable ;  also  by  a  payment 
of  not  less  than  ten  per  cent,  nor  more  than  twenty  per  cent  of  the 
irrigation  charge  made  against  tlie  farm  unit  applied  for^  as  the  com- 
mission, in  its  discretion  may  decide,  and  such  payment  shall  be  a 
uniform  percentage  of  such  irrigation  charge  against  all  the  lands  of 
such  district  and  such  payment  shall  be  deposited  by  the  commission 

with  the  state  treasurer,  in  a  fund  to  be  known  as  the state 

irrigation  district  bond  guarantee  fund  to  be  employed  by  the  commis- 
,sion  as  provided  by  section  thirty-eight  of  this  act,  and  a  similar  pay- 
ment shall  be  made  by  the  owner  or  holder  of  any  privately  owned  land 
which  may  have  been  included  in  such  district  and  by  the  purchaser  or 
purchasers  of  any  of  such  land  which  may  be  sold  by  the  commission 
under  contract  provided  in  section  twenty  of  this  act  and  the  payment 
thus  made  shall  also  be  placed  in  sucli  bond  guarantee  fund ;  provided, 
in  the  case  of  such  private  lands  the  payment  of  such  percentage  of  the 
irrigation  charge  shall  be  made  at  the  time  such  lands  are  included  in 
such  district  or  when  such  lands  are  sold  by  the  commission  or  under 
its  authority. 

Assessments  based  on  irrigation  charge. 

Sec.  26.  On  or  before  the  first  Monday  in  August  in  each  year  the 
commission  shall  prepare  or  cause  to  be  prepared  a  list  of  assessments 
to  be  levied  under  the  provisions  of  this  act,  such  assessments  to  be 
based  upon  the  irrigation  charge  made  against  the  lands  of  such  dis- 
trict on  the  basis  provided  in  section  nineteen  of  this  act.  Such  com- 
mission shall  compute  and  enter  in  a  separate  column  of  tlie  ass&ssment 
book  the  respective  sums  in  dollars  and  cents  to  be  paid  as  an  assess- 
ment on  the  property  therein  enumerated.  When  collected  the 
as-sessment  shall  be  paid  by  the  commission  into  the  office  of  the  state 
treasurer,  there  to  be  apportioned  to  the  several  funds  as  herein  pro- 
vided. The  assessment  upon  the  lands  of  the  district  is  a  lion  against 
the  property  assessed  from  and  after  the  date  of  such  assessment  and 
the  lien  for  the  bonds  and  other  charges  of  such  district  shall  be  a 
preferred  lien  and  superior  to  any  other  lien  which  may  be  created 
and  such  lien  shall  not  be  removed  until  the  assessments  are  paid  or 
the  property  sold  for  the  payment  thereof. 

Notice  of  assessments  due. 

Sec.  27.  On  or  before  the  first  day  of  September  the  commission 
.'<hall  publish  a  notice  in  the  newspaper  of  general  circulation  published 
in  each  county  in  which  any  portion  of  the  district  may  lie  that  such 
assessments  are  due  and  payable  and  will  become  delinquent  at  six 
o'clock  p.m.  on  the  last  ]\ionday  of  October  next  thereafter  and  that 
unless  paid  prior  thereto  ten  per  cent  will  be  added  to  the  amount 
thereof  and  also  the  time  and  place  at  which  payment  of  assessments 


134  CALIFORNIA   IRRIGATION   DISTRICT  LAWS. 

may  be  made,  \vlii(^li  notice  shall  be  published  for  the  period  of  two 
weeks.  The  commission  or  its  representative  must  attend  at  the  time 
and  place  specified  in  the  notice  to  receive  assessments  which  must  be 
paid  in  gold  or  silver  coin.  He  must  mark  the  date  of  payment  of 
any  assessment  in  the  assessment  book  opposite  the  name  of  the  person 
paying  and  give  a  receipt  to  .such  person  specifying  the  amount  of  the 
a.s.sessment  and  the  amount  paid  with  the  description  of  the  property 
assessed;  and  on  the  last  Monday  in  October  at  five  p.m.  of  each 
year  if  unpaid  assessments  are  delinquent  and  thereafter  the  commis- 
sion must  collect  thereon  for  the  use  of  the  district  an  addition  of  ten 
per  cent. 

Publication  of  delinquent  list. 

Sec.  28.  On  or  before  the  first  day  of  December  the  commission 
shall  publish  the  delinquent  list  which  must  contain  the  names  of  the 
persons  and  the  description  of  the  property  delinquent  and  the  amount 
of  the  assessments  and  costs  due,  opposite  each  name  and  description. 
There  shall  be  appended  to  and  published  with  the  delinquent  list  a 
notice  that  unle-s  the  assessments  delinquent,  together  with  costs  and 
I)ercentage  are  paid  the  property  upon  which  such  assessments  are  a 
lien  will  be  sold  at  public  auction.  If  the  land  on  which  such  assess- 
ment is  delinquent  is  held  under  a  possessory  right  under  the  provLsion.s 
of  this  act,  such  publication  shall  state  that  such  possessory  right  is 
subject  to  cancellation  by  the  commission,  and  if  the  assessments  against 
such  land  are  not  paid  within  sixty  days  from  the  date  of  such  delin- 
quency such  right  shall  be  cancelled  and  the  land  offered  for  re-entry 
in  the  manner  provided  by  section  twentj^-two  of  this  act.  The  pub- 
lication must  be  made  once  a  week  for  three  successive  weeks  in  a 
newspaper  of  general  circulation  published  in  the  county  in  which  the 
property  delinquent  is  situated,  but  if  any  property  assessed  to  the 
same  person  shall  lie  in  more  than  one  county  then  such  publication 
may  be  made  in  each  county  in  which  any  portion  of  such  property  may 
lie.  The  publication  must  designate  the  time  and  place  of  sale;  the 
time  of  sale  must  be  not  less  than  twenty-eight  days  from  the  first 
publication  and  the  place  must  be  at  some  point  designated  by  the 
commission  within  the  district ;  provided,  hoivever,  that  if  there  should 
occur  any  error  in  the  publication  of  the  sale  of  the  delinquent  prop- 
erty which  might  invalidate  a  sale  made  thereunder  and  such  error  is 
discovered  prior  to  the  sale  thereunder,  the  commission  shall  at  once 
republish  the  sale  of  the  property  affected  by  such  error,  making  such 
publication  conform  to  the  provisions  of  this  act  and  the  time  of  sale 
designated  in  such  republication  must  not  be  less  than  twenty-one  nor 
more  than  twenty-eight  days  from  the  fir.st  republication  and  the  place 
of  sale  must  be  at  some  point  designated  by  the  commission  within  the 
district  and  stated  in  such  republication. 

Collections  in  addition  to  assessments. 

Sec.  29.  The  commission  must  collect  in  addition  to  the  assessments 
due  on  the  delinquent  li.st  and  ten  per  cent  added,  fifty  cents  on  each 
lot,  piece  or  tract  of  land  separately  assessed.  On  the  day  fixed  for 
the  sale  or  some  subsequent  day  to  which  the  commission  may  have 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  135 

postponed  it,  notice  of  which  must  be  given,  the  commission  or  their 
representative,  between  the  hours  of  ten  o'clock  a.m.  and  three  o'clock 
p.m.  must  commence  the  sale  of  the  property  advertised,  commencing 
at  the  head  of  the  list  and  continuing  alphabetically  or  in  numerical 
order  of  the  lots  or  blocks  until  completed.  The  commission  may 
postpone  the  day  of  commencing  the  sale  from  day  to  day,  but  the  sale 
must  be  completed  within  three  weeks  from  the  day  first  fixed. 

Sale  certificate. 

Sec.  30.  After  receiving  the  amount  of  assessments  and  costs  the 
commission  must  make  out,  in  duplicate,  a  certificate  dated  on  the  day 
of  sale,  stating  when  known  the  name  of  the  person  assessed,  a  descrip- 
tion of  the  land  sold,  the  amount  paid  therefor,  that  it  was  sold  for 
assessments,  giving  the  amount  and  year  of  the  assessment  and  specify- 
ing the  time  when  the  purchaser  will  be  entitled  to  a  deed.  The  certifi- 
cate must  be  signed  by  the  commission  or  its  representative  and  one 
copy  delivered  to  the  purchaser  and  the  other  filed  in  the  office  of  the 
county  recorder  of  the  county  in  which  the  land  is  situated. 

Record  of  land  sold. 

Sec.  31.  The  commission  or  its  representative  liefore  delivering  any 
certificate  must  in  a  book  enter  a  description  of  the  land  sold,  corre- 
sponding with  the  descrii)tion  in  the  certificate,  the  date  of  the  sale, 
purchasers'  names  and  amount  paid,  regularly  number  the  description 
on  the  margin  of  the  book  and  put  a  corresponding  number  on  each 
certificate.  Such  book  must  be  open  to  public  inspection  without  fee 
during  office  hours  when  not  in  actual  use.  On  filing  the  certificate  with 
such  county  recorder  the  lien  of  the  assessments  vests  in  the  purchaser 
and  is  only  divested  by  the  payment  to  him  or  to  the  commission  for  its 
use  of  the  purchase  money  at  two  per  cent  per  month  from  the  day  of 
sale  until  redemption. 

Assessment  book,  etc.,  as  evidence. 

Sec.  32.  The  assessment  book  or  delinquent  list  or  a  copy  thereof 
certified  by  the  commission  or  its  representative  showing  unpaid  assess- 
ments against  any  per.son  or  property  is  prima  facie  evidence  of  the 
asses.sment,  the  property  assessed,  the  delinquency,  the  amount  of  a-ssess- 
ments  due  and  unpaid  and  that  all  the  forms  of  the  law  in  relation  to 
the  assessment  and  levy  of  such  as.sessments  have  been  complied  with. 

Sale  of  part  of  land.  ^ 

Sec.  33.  The  owner  or  person  in  po.ssassion  of  any  property  offered 
for  sale  for  assessments  due  thereon  may  designate  in  writing  to  the 
commission  prior  to  the  sale  what  portion  of  the  property  he  wi.shes  sold, 
if  less  than  the  whole.  But  if  the  owner  or  possessor  does  not,  then  the 
commission  may  designate  it,  and  the  person  who  will  take  the  least 
quantity  of  the  land,  or  in  case  an  undivided  interest  is  assessed,  then 
the  smallest  portion  of  the  interest  and  pay  the  assessments  and  costs 
due,  including  two  dollars  for  the  duplicate  certificate  of  sale  is  the 
purchaser.     If  the  purchaser  does  not  pay  the  assessments  and  costs 


136  CALIFORNIA  IRRIGATION   DISTRICT  LAWS. 

before  ten  o'clock  a.m.  the  following  day. the  property  on  the  next  sale 
day  must  be  resold  for  the  assessments  and  costs.  But  in  case  there  is 
no  purchaser  in  good  faith  for  the  same  on  the  first  day  that  the  property 
is  offered  for  sale  then  when  the  property  is  offered  thereafter  for  sale 
and  there  is  no  purchaser  in  good  faith  for  the  same,  the  whole  amount 
of  the  property,  assessed  shall  be  struck  off  to  the  commission  as  the 
purchaser  and  a  certificate  of  sale  shall  be  issued  therefor.  The  com- 
mission as  a  purchaser  at  such  sale  shall  be  entitled  to  the  same  rights 
as  a  private  owner  and  the  title  so  acquired  by  the  commission,  subject 
to  the  right  of  redemption  herein  provided,  may  be  conveyed  by  deed, 
executed  and  acknowledged  by  the  president  and  secretary  of  such  com- 
mission ;  provided,  that  authority  to  so  convey  must  be  offered  by  resolu- 
tion of  the  commission,  entered  on  its  minutes,  fixing  the  price  at  which 
such  sale  may  be  made  and  such  conveyances  shall  not  be  made  for  a 
less  sum  than  the  reasonable  market  value  of  such  property. 

Redemption  of  property. 

Sec.  34.  A  redemption  of  the  property  sold  may  be  made  by  the 
owner  or  any  party  in  interest  within  one  year  from  the  date  of  purchase 
or  at  any  time  thereafter  before  a  deed  has  been  made  and  delivered. 
Redemption  must  be  macle  in  gold  or  silver  coin,  as  provided  for  the 
collection  of  state  and  county  taxes  and  when  made  to  the  commission 
it  shall  credit  the  amount  paid  to  the  person  or  his  assignee.  On  receiv- 
ing the  certificate  of  sale  the  county  recorder  must  file  it  and  make  an 
entry  in  the  book  similar  to  that  required  of  the  commission.  On  the 
presentation  of  the  receipt  of  the  person  named  in  the  certificate  or  of 
the  commission  for  its  use,  of  the  total  amount  of  the  redemption  money 
the  recorder  must  mark  the  word  "redeemed,"  the  date  and  by  whom 
redeemed  on  the  certificate  and  on  the  margin  of  the  book  where  the 
entry  of  tTie  certificate  is  made.  If  the  property  is  not  redeemed  within 
the  time  herein  specified  the  commission  upon  demand  must  make  to  the 
purchaser  or  his  assignee  a  deed  of  the  property  reciting  in  the  deed 
substantially  the  matters  contained  in  the  certificate  and  that  no  person 
redeemed  the  property  during  the  time  allowed  by  law  for  its  redemp- 
tion ;  provided,  that  where  the  property  has  been  sold  to  the  commission 
it  may  be  redeemed  as  herein  provided,  at  any  time  before  the  com- 
mission has  disposed  of  the  same.  The  commission  shall  receive  from  the 
purchaser  for  the  use  of  the  district  two  dollars  for  making  such  deed. 

Recital  in  deed. 

Sec.  35.  The  matter  recited  in  the  certificate  of  sale  must  be  recited 
in  the  deed  and  such  deed  duly  acknowledged  or  proved  is  prima  facie 
evidence  that,  {a)  the  property  was  assessed  as  required  by  law;  (6) 
that  the  assessments  were  levied  in  accordance  with  law;  (c)  the  assess- 
ments were  not  paid;  (d)  at  the  proper  time  and  place  the  property  was 
sold  as  prescribed  by  law  and  by  the  proper  officer;  (e)  the  property 
was  not  redeemed ;  (/)  the  person  who  executed  the  deed  was  the  proper 
officer. 

Such  deed,  duly  acknowledged,  or  proved,  is  (except  for  actual  fraud) 
conclusive  evidence  of  the  regularity  of  all  the  proceedings  from  the 
assessment  by  the  commission  to  the  execution  of  the  deed.     The  deed 


I  CALIFORNIA   IRRIGATION   DISTRICT   LAW3.  137 

conveys  to  the  grantee  the  absolute  title  to  the  lands  described  therein, 
free  of  all  incumbrances,  except  when  the  land  is  owned  by  this  state  in 
which  case  it  is  prima  facie  evidence  of  the  right  of  possession. 

Mistakes  do  not  render  sale  void. 

Sec.  36.  "When  land  is  sold  for  assessments  properly  imposed,  as  the 
property  of  a  particular  person,  no  misnomer  of  the  owner  or  supposed 
owner  or  other  mistake  relating  to  the  ownership  thereof  affects  the  sale 
or  renders  it  void  or  voidable. 

Legal  title  vested  in  state. 

Sec.  37.  The  legal  title  to  all  property  acquired  under  the  provisions 
of  this  act  shall  immediately,  and  by  operation  of  law  vest  in  the  State 
of  California,  and  shall  be  held  in  trust  for  and  is  hereby  dedicated  and 
set  apart  to  the  uses  and  purposes  of  the  state  irrigation  district  for 
whose  benefit  such  property  or  rights  maj^  have  been  acquired  and  said 
commission  is  hereby  authorized  and  empowered  to  hold,  use,  acquire, 
manage,  occupy  and  possess  said  property  as  herein  provided.  Said 
commission  may  determine  by  resolution  duly  entered  upon  their 
minutes,  that  any  property,  real  or  personal,  held  for  any  state  irri- 
gation district  Ls  no  longer  necessary  to  be  maintained  for  the  uses  and 
purposes  thereof,  and  may  thereafter  sell  such  property  and  a  con- 
veyance of  any  property  thus  held  for  any  irrigation  district,  executed 
by  the  president  and  secretary  thereof,  in  accordance  with  the  resolution 
of  such  commission,  when  sold  for  a  valuable  consideration,  shall  convey 
good  title  to  the  property  so  conveyed. 

Disposition  of  entryman's  payments. 

Sec.  38.  All  payments  received  from  entrj'men  at  the  time  of  entry 
on  account  of  the  irrigation  charge  against  the  lands  of  a  district  shall 
be  placed  by  the  commission  with  the  state  treasurer,  in  a  fund  to  be 
known  as  the  bond  guarantee  fund  of  the state  irri- 
gation district  and  shall  be  available  for  the  payment  of  assessments 
which  may  have  become  delinquent  from  time  to  time  or  for  the  pay- 
ment of  assessments  against  unentered  land.  Any  one  applying  to  enter 
land  on  which  any  assessment  has  been  paid  from  such  guarantee  fund 
shall  pay  to  the  commission  such  assessment  or  assessments  before  the 
commission  shall  receive  such  application  and  the  amount  thus  paid  shall 
be  deposited  by  the  commission  to  the  credit  of  such  guarantee  fund. 

Fund  available  for  delinquent  assessments. 

Sec.  39.  The  bond  guarantee  fund  of  any  said  irrigation  district 
which  is  provided  for  in  section  thirty-eight  of  this  act  shall  be  available 
for  the  payment  of  delinquent  assessments  until  the  completion  of  the 
works  of  such  district.  After  such  completion  if  such  delinquency  does 
not  exceed  in  any  one  year  five  per  cent  of  the  total  of  the  assessments, 
tolls  and  water  rentals  for  such  year  such  fund  may  be  employed  by  the 
commission  in  the  payment  of  assessments  which  may  be  levied  for  the 
payment  of  the  intei-est  or  principal  of  the  bonds  or  of  both  interest  and 
principal  and  no  further  assessments  for  such  purpose  need  be  collected 
until  such  fund  shall  have  thus  been  exhausted. 


138  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

Deposits  in  state  treasury. 

Sec.  40.  All  moneys  deposited  with  the  state  treasurer  by  the  com- 
mission shall  be  placed  to  the  credit  of  the  several  funds  of  a  state 
irrigation  district,  as  may  be  directed  by  such  commis.sion;  and  the  state 
controller  is  hereby  authorized  and  directed  to  draw  warrants  upon  such 
funds,  from  time  to  time,  upon  the  requisition  of  the  commission, 
approved  by  the  state  board  of  control,  and  the  state  treasurer  is  hereby 
authorized  and  directed  to  pay  such  warrants,  but  all  payments  due  on 
the  bonds  of  any  such  district  shall  be  paid  by  the  state  treasurer  when 
due  from  the  bond  fund  of  such  district  without  such  authorization. 

Expenses  of  commission  and  warrants  for  work  done. 

Sec.  41.  As  provided  in  the  act  of  congress,  known  as  the  Carey 
Act,  all  moneys  received  by  the  commission,  from  the  sale  of  lands 
selected  under  the  provisions  of  this  act  shall  be  deposited  with  the 
state  treasurer  and  such  sums  as  may  be  necessary  shall  be  available 
for  the  payment  of  the  expenses  of  the  commission,  the  register,  and  of 
the  state  engineer's  office,  incurred  in  carrying  out  the  provisions  of 
this  act.  And  the  state  controller  is  hereby  authorized  and  directed 
to  draw  warrants  upon  such  sum  'from  time  to  time  upon  the  requisi- 
tion of  the  commission  approved  by  the  state  board  of  control  and  the 
state  treasurer  is  hereby  authorized  and  directed  to  pay  such  warrant 
for  the  work  performed  under  the  direction  of  the  commission,  the 
register  and  the  state  engineer  and  any  balance  remaining  over  and 
above  the  expenses  necessary  to  carry  out  the  provisions  of  this  act 
shall  constitute  a  trust  fund  in  the  hands  of  the  state  treasurer  to  be 
used  only  for  the  reclamation  of  other  arid  lands. 

Duties  of  register. 

Sec.  42.  The  register  shall  be  the  custodian  of  all  papers,  docu- 
ments, maps  and  plats  relating  to  the  disposal  of  said  lands  and  shall 
receive  and  receipt  for  all  fees  and  payments  required  to  be  made  under 
the  provisions  of  this  act  or  any  rule  or  regulation  of  said  commission, 
and  shall  deposit  the  same  with  the  state  treasurer  to  the  credit  of  the 
land  reclamation  trust  fund ;  he  shall  conduct  all  correspondence  relat- 
ing to  such  lands,  after  they  shall  have  been  segregated  and  perform 
such  other  duties  in  the  premises  as  may  be  required.  The  president 
of  such  commission  is  hereby  named  as  the  authorized  agent  of  the  state 
to  enter  into  and  to  execute  for  and  in  behalf  of  the  state,  the  agree- 
ment prescribed  by  the  secretary  of  the  interior  binding  the  state  in 
respect  to  the  disposal  of  lands  under  the  Carey  act,  such  contract  to  be 
attested  by  the  state  engineer  and  approved  by  the  governor. 

Fees. 

Sec.  43.  The  following  fees  shall  be  collected  by  the  commission 
under  the  provisions  of  this  act  and  deposited  with  the  state  treasurer 
to  be  placed  in  the  land  reclamation  triLst  fund ;  for  filing  each  appli- 
cation of  entry,  two  dollars;  for  taking  evidence  of  annual  proof  of 
cultivation,  one  dollar  and  fifty  cents;  for  issuing  each  certificate  of 
location,  one  dollar;  for  issuing  each  patent,  one  dollar;  for  making 
certified  copies  of  papers  or  records,  twenty  cents  per  folio  for  the 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  139 

original  and  five  cents  per  folio  for  each  carbon  copy  thereof  by  the 
same  applicant. 

Disposition  of  proceeds. 

Sec.  44.  Subject  to  the  provisions  of  the  act  of  congress,  approved 
August  18,  1894,  the  proceeds  derived  by  the  state  from  fees  and  the 
sale  of  desert  public  lands,  and  by  this  act  required  to  be  deposited  in 
the  land  reclamation  trust  fund,  shall  be  subject  to  control  and  disposi- 
tion by  said  commission,  from  time  to  time,  for  the  following  purposes, 
iand  for  none  otixer: 

First — For  the  payment  of  expenses  necessary  to  the  administration 
and  conduct  of  said  commission ; 

Second — For  the  reclamation  by  and  under  the  control  and  direction 
of  the  commission,  of  desert  lands  in  the  state,  or  in  co-operation  with 
the  United  States; 

Third — For  such  experimentation  in  agriculture,  horticulture  and 
forestry  as  shall  aid  in  the  reclamation  of  the  desert  lands  of  the  state ; 

Fourth — For  such  advertisement  and  publicity  of  the  desert  lands 
of  the  state  as  may  advance  their  settlement  and  reclamation. 

Monthly  accounting. 

Sec.  45.  On  the  first  Monday  in  each  month  the  commission  shall 
account  for  all  moneys  collected  for  assessments  and  pay  the  same  over 
to  the  state  treasurer  and  file  in  the  office  of  such  treasurer  a  statement 
showing  an  account  of  all  such  transactions  and  receipts  since  the  last 
assessment  and  that  all  moneys  collected  by  such  commission  has  been 
thus  deposited. 

Investigations  of  commission. 

Sec.  46.  The  commission  is  hereby  authorized  to  investigate  the 
costs,  supply,  and  irrigation  resources  of  the  state  and  the  feasibility 
of  irrigating  public  and  other  lands  in  this  state  in  co-operation  with 
the  United  States;  provided,  the  cost  of  such  investigations  shall  be 
shared  equally  by  the  state  and  the  United  States  and  that  such 
co-operation  work  shall  be  done  under  the  joint  supervision  and  direc- 
tion of  the  commission  and  a  representative  of  the  United  States  and 
any  surveys,  maps,  plans,  estimates  and  reports  relating  to  sueli  inves- 
tigation shall  be  placed  at  the  disposal  of  the  state;  provided,  also,  that 
the  commission  is  hereby  authorized  to  co-operate  with  the  United 
States  for  the  construction  of  the  works  of  any  state  irrigation  district 
that  may  be  undertaken  under  the  provisions  of  this  act  but  such 
co-operative  work  shall  not  in  any  way  involve  the  credit  of  the  state. 

Annual  report. 

Sec.  47.  The  commission  at  the  close  of  each  fiscal  year  shall  submit 
a  report,  in  detail  of  the  transactions  under  this  act  to  the  governor 
and  on  its  approval,  such  number  of  copies  thereof  shall  be  printed 
for  gratuitous  distribution  as  may  be  deemed  necessary ;  but  all  pend- 
ing proceedings  before  the  commission  and  the  state  water  commission, 
sliall  not  be  made  public  or  be  opened  to  public  inspection  until  the 
application  for  temporary  withdrawal  or  segregation  is  filed  in  the 
United  States  land  office. 


140  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

Attorney  general  legal  advisor. 

Sec.  48.  The  attorney  general  shall  be  the  legal  advisor  of  the 
commission  iii  matters  relating  to  this  act  and  shall  represent  or  shall 
cause  the  state  to  be  properly  represented  in  all  suits,  actions,  contests, 
or  controversies  relating  to  or  involving  the  rights  or  interests  of  the 
state  under  the  provisions  of  this  act,  before  the  several  land  officers 
in  this  state,  before  the  general  land  oflfieer  at  Washington,  D.  C,  and 
before  the  courts  of  this  state  and  of  the  United  Stat&s,  and  may 
employ  a  competent  attorney  or  attorneys  for  that  purpose,  who  shall 
be  paid  out  of  any  fund  wliich  may  be  available  for  such  purpose  to 
the  credit  of  any  state  irrigation  district  or  from  any  general  appro- 
priation which  may  be  available  for  such  purj^ose.  And  the  district 
attorney  of  any  county  or  counties  in  which  any  .state  irrigation  dis- 
trict may  lie  shall  represent  the  commission  in  any  action  which  may 
be  brought  or  which  may  be  defended  by  the  commission  in  the  courts 
of  such  county  or  counties  wlien  so  directed  by  the  attorney  general 
and  he  shall  not  receive  any  additional  compensation  for  such  services, 
but  shall  be  allowed  such  reasonable  and  necessary  expenses  which  may 
be  incurred  by  him  while  performing  such  service. 

State  not  liable. 

Sec.  49.  Nothing  in  this  act  shall  be  construed  as  authorizing  the 
commission  to  obligate  the  state  to  pay  for  any  work  constructed  under 
any  contract  or  to  hold  the  state  in  any  way  responsible  to  settlers  for 
the  failure  of  the  contractors  to  complete  the  work,  according  to  the 
terms  of  their  contracts  with  the  state. 

By-laws. 

Sec.  50.  Said  commission  is  hereby  authorized  and  empowered  to 
adopt  such  by-laws  and  to  establish  and  require  the  observance  of  such 
rules  and  regulations  as  it  may  deem  necessary,  proper  or  expedient, 
not  in  conflict  with  law,  or  the  regulations  of  the  department  of  the 
interior  with  respect  to  the  administration  of  the  provisions  of  this  act, 
and  which  shall  be  published  from  time  to  time  in  pamphlet  form  for 
free  distribution. 

Meetings  of  commission. 

Sec.  51.  The  by-laws  to  be  prepared  by  the  commission  shall 
provide  for  regular  meetings  to  be  held  once  every  three  months,  but 
special  meetings  may  be  held  at  the  call  of  the  secretary  of  the  commis- 
sion or  of  a  majority  of  the  commission.  A  majority  of  the  commission 
shall  constitute  a  quorum  for  the  transaction  of  all  business  coming 
before  the  commission  in  pursuance  of  the  provisions  of  this  act. 


CALIFORNIA   IRRIGATION  DISTRICT  LAWS.  141 


,      IV.     COUNTY  WATER  DISTRICTS. 

An  act  to  provide  for  the  incorporation  and  organization  and  numage- 
ment  of  county  water  districts,  and  to  provide  for  the  acquisition 
of  water  rights  or  construction  thereby  of  waterworks  and  for  the 
acquisition  of  all  property  necessary  therefor,  and  also  to  provide 
for  the  distribution  and  sale  of  water  by  said  districts. 

(Approved  June  10,  1913,  Stats.  1913)  p.  1049.     Amended  Stats.  1915,  p.  26; 
1917,  p.  225;   1919,  p.   816.) 

Organization  of  district. 

Section  1.  A  county  water  district  may  be  organized  and  incorpo- 
rated and  managed  as  herein  expressly  provided  and  may  exercise  the 
powers  herein  expressly  granted  or  necessarily  implied. 

Who  may  organize. 

Sec.  2.  The  people  of  any  county,  or  city  and  county,  or  portion  of 
a  county,  or  city  and  county,  whether  such  portion  includes  unincorpo- 
rated territory  or  not,  in  the  State  of  California,  having  a  population 
of  not  less  than  one  thousand  inhabitants,  may  organize  a  county  water 
district  under  the  provisions  of  this  act  by  proceeding  as  herein  pro- 
vided. 

Petition  and  election. 

Sec.  3.  A  petition,  which  may  consist  of  any  number  of  separate 
instruments,  shall  be  presented  at  a  regular  meeting  of  the  board  of 
supervisors  of  the  county  in  which  the  proposed  water  district  is  located, 
signed  by  the  registered  voters  within  the  boundaries  of  the  proposed 
water  district,  equal  in  number  to  at  least  ten  per  centum  of  the  number 
of  votes  cast  in  said  proposed  county  water  district  for  the  office  of 
governor  of  this  state  at  the  last  general  election  prior  to  the  presenting 
of  the  petition  ;  provided,  that  where  one  or  more  municipal  corporations 
or  part  thereof  is  included  in  such  proposed  water  district,  such  petition 
must  be  signed  by  at  least  ten  per  centum  of  the  qualified  electors  of 
each  such  municipal  corporations  or  part  thereof  and  of  .the  unincorpo- 
rated territory  included  in  such  proposed  water  district  so  voting  at 
such  election.  Such  petition  shall  set  forth  and  describe  the  proposed 
boundaries  of  such  water  district,  and  shall  pray  that  the  same  be 
incorporated  under  the  provisions  of  this  act,  and  the  text  of  such  peti- 
tion shall  be  published  for  at  least  two  weeks  before  the  time  at  which 
the  same  is  to  be  prasented  in  at  least  one,  but  not  to  exceed  three  news- 
papers printed  and  published  in  such  county,  together  with  a  notice 
stating  the  time  of  the  meeting  at  which  same  will  be  presented.  When 
contained  upon  more  than  one  instrument,  one  copy  only  of  such  peti- 
tion need  be  published.  No  more  than  five  of  the  names  attached  to 
said  petition  need  appear  in  such  publication  of  said  petition  and  notice, 
but  the  number  of  signers  shall  be  stated. 

With  such  publication  there  shall  also  be  published  a  notice  of  the 
time  of  the  meeting' of  the  board  when  such  petition  will  be  considered 
and  that  all  persons  interested  therein  may  then  appear  and  be  heard. 
At  such  time  the  board  of  supervisors  shall  hear  the  petition  and  those 


142  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

appearing  thereon  together  witli  such  written  protests  as  shall  have  been 
filed  with  the  clerk  of  the  board  prior  to  such  hearing  by  or  on  behalf 
of  owners  of  taxable  property  situated  within  the  boundaries  of  the 
proposed  district  and  may  adjourn  such  hearing  from  time  to  time,  not 
exceeding  four  weeks  in  all.  No  defect  in  the  contents  of  the  petition 
or  in  the  title  to  or  form  of  the  notice  or  signatures,  or  lack  of  signa- 
tures, thereto  shall  vitiate  any  proceedings  thereon,  provided  such  peti- 
tion or  petitions  have  a  sufficient  number  of  qualified  signatures  attached 
thereto.  On  the  final  hearing  said  board  shall  make  such  changes  in 
the  proposed  boundaries  as  may  be  deemed  advisable  and  shall  define 
and  establish  such  boundaries.  But  said  board  shall  not  modify  said 
boundaries  so  as  to  exclude  from  such  proposed  district  any  territory 
which  would  be  benefited  by  the  formation  of  such  district;  nor  shall 
any  lands  which  will  not,  in  the  judgment  of  said  board,  be  benefited  by 
such  district  be  included  within  such  proposed  district.  Any  person 
whose  lands  are  benefited  by  such  district  may  upon  his  application,  in 
the  discretion  of  said  board,  have  such  lands  included  within  said  pro- 
posed district. 

Upon  such  hearing  of  said  petition,  the  board  of  supervisors  shall 
determine  whether  or  not  said  petition  complies  with  the  requirements 
of  the  provisions  of  this  act,  and  for  that  purpose  must  hear  all  com- 
petent and  relevant  testimony  offered  in  support  of  or  in  opposition 
thereto.  Such  determination  shall  be  entered  upon  the  minutes  of  said 
board  of  supervisors.  A  finding  of  the  board  of  supervisors  in  favor 
of  the  genuineness  and  sufficiency  of  the  petition  and  notice  shall  be 
final  and  conclusive  against  all  persons  except  the  State  of  California 
upon  suit  commenced  by  the  attorney  general.  Any  such  suit  must  be 
commenced  within  one  year  after  the  order  of  the  board  of  supervisors 
declaring  such  district  organized  as  herein  provided,  and  not  otherwise. 
Upon  the  final  determination  of  the  boundaries  of  the  district  the  board 
of  supervisors  shall  give  notice  of  an  election  to  be  held  in  said  pro- 
posed, water  district  for  the  purpose  of  determining  whether  or  not 
the  same  shall  be  incorporated,  the  date  of  which  election  shall  be  not 
more  than  sixty  days  from  the  date  of  the  final  hearing  of  such  petition. 
Such  notice  shall  describe  the  boundaries  so  established  and  shall  state 
the  proposed  name  of  the  proposed  incorporation   (which  name  shall 

contain  the  words  " county  water  district"),  and  this  notice 

shall  be  published  at  least  two  weeks  prior  to  such  election  in  at  least 
one,  but  not  to  exceed  three,  newspapers  printed  and  published  in  said 
county.      At  such  election  the  proposition  to  be  submitted  shall  be: 

"Shall  the  proposition  to  organize  county  water  district 

under  (naming  the  chapter  containing  this  act)  of  the  acts  of  the 
fortieth  session  of  the  California  legislature  and  amendments  thereto 
be  adopted?"  And  the  election  thereupon  shall  be  conducted,  the  vote 
canvassed  and  the  result  declared  in  the  same  manner  as  provided  by 
law  in  respect  to  general  elections,  so  far  as  they  may  be  applicable, 
except  as  in  this  act  otherwise  provided.  No  person  shall  be  entitled 
to  vote  at  any  election  under  the  provisions  of  this  act  unless  such 
person  possesses  all  the  qualifications  required  of  electors  under  the 
general  election  laws  of  the  state.  Within  four  days  after  such  elec- 
tion the  vote  shall  be  canvassed  by  the  board  of  supervisors.  If  a 
majority  of  the  votes  cast  at  such  election  in  each  municipal  corpora- 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  143 

tion  or  part  thereof  and  in  the  uuinco'/porated  territory  included  in 
such  propased  water  district  shall  be  in  favor  of  organizing  such  county 
water  district,  said  l)oard  shall  by  an  order  entered  on  its  minutes 
declare  the  territory  enclosed  within  the  proposed  boundaries  duly 
organized  as  a  county  water  district  under  the  name  theretofore  desig- 
nated, and  the  county  clerk  sliall  immediately  cause  to  be  filed  with  the 
secretary  of  state  and  shall  cau>:e  to  be  recorded  in  the  office  of  the 
county  recorder  of  the  county  in  which  such  district  is  situated,  each, 
a  certificate  stating  that  sucli  a  proposition  was  adopted.  Upon  the 
receipt  of  such  last  mentioned  certificate  the  secretary  of  state  shall, 
within  ten  days,  issue  his  certificate  reciting  that  the  county  water  dis- 
trict (naming  it)  has  been  duly  incorporated  according  to  the  laws  of 
the  State  of  California.  A  copy  of  such  certificate  shall  be  transmitted 
to  and  filed  with  the  county  clerk  of  the  county  in  which  such  county 
water  district  is  situated.  From  and  after  the  date  of  such  certificate, 
the  district  named  therein  shall  be  deemed  incorporated  as  a  county 
water  district,  with  all  the  rights,  privileges  and  powers  set  forth  in 
this  act  and  necessarily  incident  thereto.  In  case  less  than  a  majority 
of  the  votes  cast  are  in  favor  of  said  proposition  the  organization  fails 
but  without  prejudice  to  renewing  proceedings  at  any  time  in  the 
future.     (Amended,  Stats.  1915,  p.  26.) 

Election  of  directors. 

Sec.  4.  At  an  election  to  be  held  within  such  water  district  under 
the  provisions  of  this  act  and  the  laws  governing  general  elections  not 
inconsistent  herewith,  the  county  water  district  thus  organized  shall 
proceed  within  ninety  days  after  its  formation  to  the  election  of  a  board 
of  directors  consisting,  if  there  are  no  municipalities  within  the  boun- 
daries of  said  district,  of  five  members.  In  all  cases  where  the  boun- 
daries of  such  water  district  include  any  municipality  or  municipalities, 
said  board  of  directors,  in  addition  to  said  five  directors  to  be  elected  as 
aforesaid,  shall  consist  of  one  additional  director  for  each  one  of  said 
municipalities  within  such  county  water  district,  each  such  additional 
director  to  be  appointed  by  the  mayor  of  the  municipality  for  which 
said  additional  director  is  allowed ;  and  if  there  be  any  unincorporated 
territory  within  said  water  district,  of  one  additional  director,  to  be 
appointed  by  the  said  board  of  supervisors.  Any  director  so  appointed 
need  not  be  an  elector  or  resident  of  said  district.  All  directors,  elected 
or  appointed,  shall  hold  office  until  the  election  and  qualification  or 
appointment  and  qualification  of  their  successors.  The  term  of  office 
of  directors  elected  under  the  provisions  of  this  act  shall  be  four  years 
from  and  after  the  date  of  their  election;  provided,  that  the  directors 
first  elected  after  the  passage  of  this  act  shall  hold  office  only  until  the 
election  and  qualification  of  their  successors  as  hereinafter  provided. 
The  term  of  office  of  directors  appointed  by  said  mayor  or  mayors  or 
by  said  board  of  supervisors  shall  be  six  years  from  and  after  the  date 
of  appointment.  Directors  to  be  first  appointed  under  the  provisions 
of  this  act  shall  be  appointed  within  ninety  days  after  the  formation 
of  the  district.  The  election  of  directors  of  such  county  water  district 
shall  be  in  every  fourth  year  after  its  organization,  on  the  fourth 
Tuesday  in  March,  and  shall  be  known  as  the  general  water  district 
election.     A  second  election  shall  be  held,  when  necessary,  as  herein- 

10—48601 


144  CALIFORNIA  IRRIGATION   DISTRICT   LAWS. 

after  provided,  on  the  third  Tuesday  after  such  general  election,  and 
shall  be  known  as  the  second  water  district  election.  All  other  elections 
which  may  be  held  by  authority  of  this  act,  or  of  the  general  laws,  shall 
be  known  as  special  water  district  elections. 

Nomination  and  election  of  officers. 

Sec.  5.  (1)  The  mode  of  nomination  and  election  of  all  elective 
officers  of  such  water  district  to  be  voted  for  at  any  water  district 
election  and  the  mode  of  appointment  of  a  director  or  directors  by  said 
mayor  or  mayors  or  by  said  board  of  supervisors  shall  be  as  follows  and 
not  otherwise. 

(2)  The  name  of  a  candidate  shall  be  printed  upon  the  ballot  when 
a  petition  of  nomination  shall  have  been  filed  in  his  behalf  in  the  manner 
and  form  and  under  the  conditions  hereinafter  set  forth. 

(3)  The  petition  of  nomination  shall  consist  of  not  less  than  twenty- 
five  individual  certificates,  which  shall  read  substantially  as  follows : 

PETITION  OF  NOMINATION. 

Individual  Certificate. 
State  of  California, 


County  of \ 

Precinct  No 

I,  the  undersigned,  certify  that  I  do  hereby  join  in  a  petition  for  the 

nomination  of ,  whose  residence  is  at  No. , street, 

for  the  office  of of  the county  water  district 

to  be  voted  for  at  the  water  district  election  to  be  held  in  the 

county  water  district  on  the day  of ,  19 — ;  and  I  further 

certify  that  I  am  a  qualified  elector  residing  within  said  district,  and 
am  not  at  this  time  a  signer  of  any  other  petition  nominating  any  other 
candidate  for  the  above  named  office,  or,  in  case  there  are  several  places 
to  be  filled  in  the  above  named  office,  that  I  have  not  signed  more  peti- 
tions than  there  are  places  to  be  filled  in  the  above  named  office ;  that 

my  residence  is  at  No. , street, ,  and  that 

my  occupation  is 

(Signed)  


State  of  California, 
County  of 


ss. 


being  duly  sworn,  deposes  and  says  that  he  is  the 

person  who  signed  the  foregoing  certificate"  and  that  the  statements 
therein  are  true  and  correct. 

(Signed)  

Subscribed  and  sworn  to  before  me  this day  of 

,  19__._. 


Notary  public  or  verification  deputy. 


The  petition  for  nomination  of  which  this  certificate  forms  a  part 

shall,  if  found  insufficient,  be  returned  to at  No. , 

street, ,  California. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  145 

(4)  It  shall  he  the  duty  of  the  county  clerk  to  furnish  upon  applica- 
tion a  reasonable  number  of  forms  of  individual  certificates  of  the 
above  character. 

(5)  Each  certificate  must  be  a  separate  paper.  .  All  certificates  must 
be  of  uniform  size  as  determined  by  the  county  clerk.  Each  certificate 
must  contain  the  name  of  one  signer  thereto  and  no  more.  Each 
certificate  shall  contain  the  name  of  one  candidate  and  no  more.  Each 
signer  must  be  a  qualified  elector  residing  within  said  district,  must 
not  at  the  time  of  signing  a  certificate  have  his  name  signed  to  any 
other  certificate  for  any  other  candidate  for  the  same  office,  nor,  in 
case  there  are  several  places  to  be  filled  in  the  sam*»  office,  signed  to 
more  certificates  for  candidates  for  that  office  than  there  are  places  to 
be  filled  in  such  office.  In  case  an  elector  has  signed  two  or  more  con- 
flicting certificates,  all  such  certificates  shall  be  rejected.  Each  signer 
must  verify  his  certificate  and  make  oath  that  the  same  is  true,  before 
a  notary  public  or  a  verification  deputy,  as  provided  for  in  this  section. 
Each  certificate  shall  further  contain  the  name  and  address  of  the 
person  to  whom  the  petition  is  to  be  returned  in  case  said  petition  is 
found  insufficient. 

(6)  Verification  deputies,  under  this  section,  must  be  qualified 
electors  of  such  county  water  district,  and  shall  be  appointed  by  the 
county  clerk  upon  application  in  writing,  signed  by  not  less'  than  five 
qualified  electors  of  such  county  water  district.  The  application  shall 
set  forth  that  the  signers  thereto  desire  to  procure  the  necessary  signa- 
tures of  electors  for  the  nomination  of  candidates  for  office  in  said 
county  water  district  at  an  election  therein  specified,  and  that  the 
applicants  desire  the  person  or  persons  whose  names  and  addresses  are 
given  appointed  as  verification  deputies,  who  shall  upon  appointment 
be  authorized  and  empowered  to  take  the  oath  of  verification  of  the 
signers  of  petitions  of  nomination.  Sxich  verification  deputies  need 
not  use  a  seal,  and  shall  not  have  power  to  take  oaths  for  any  other 
purposes  whatsoever,  and  their  appointments  shall  continue  only  until 
all  petitions  of  nomination,  under  this  section,  shall  have  been  filed  by 
the  county  clerk. 

(7)  A  petition  of  nomination,  consisting  of  not  less  than  twenty-five 
individual  certificates  for  any  one  candidate,  may  be  presented  to  the 
county  clerk  not  earlier  than  forty-five  days  nor  later  than  thirty  days 
before  the  election.  The  county  clerk  shall  endorse  thereon  the  date 
upon  which  the  petition  was  presented  to  him. 

(8)  When  a  petition  of  nomination  is  presented  for  filing  to  the 
county  clerk,  he  shall  forthwith  examine  the  same,  and  ascertain 
whether  or  not  it  conforms  to  the  provisions  of  this  section.  If  found 
not  to  conform  thereto,  he  shall  then  and  there  in  writing  designate  on 
said  petition  the  defect  or  omission  or  reason  why  such  petition  can  not 
be  filed,  and  shall  return  the  petition  to  the  person  named  as  the  person 
to  whom  the  same  may  be  returned  in  accordance  with  this  section. 
The  petition  may  then  be  amended  and  again  presented  to  the  clerk 
as  in  the  first  instance.  The  clerk  shall  forthwith  proceed  to  examine 
the  petition  as  hereinbefore  provided.  If  necessary,  the  board  of  super- 
visors shall  provide  extra  help  to  enable  the  clerk  to  perform  satisfac- 
torily .and  promptly  the  duties  imposed  by  this  section. 


146  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

(9)  Any  signer  to  a  petition  of  nomination  and  certificate  may  with- 
draw his  name  from  the  same  by  filing  with  the  county  clerk  a  verified 
revocation  of  his  signature  before  the  filing  of  a  petition  by  the  clerk, 
and  not  otherwise.  He  shall  then  be  at  liberty  to  sign  a  petition  for 
another  candidate  for  the  same  office. 

(10)  Any  person  whose  name  has  been  presented  under  this  section 
as  a  candidate  may,  not  later  than  twenty^five  days  before  the  day  of 
election,  cause  his  name  to  be  withdrawn  from  nomination  by  filing  with 
the  county  clerk  a  request  therefor  in  writing,  and  no  name  so  with- 
drawn shall  be  printed  upon  the  ballot.  If,  upon  such  withdrawal, 
the  number  of  candidates  remaining  does  not  exceed  the  number  to  be 
elected,  then  other  nominations  may  be  made  by  filing  petitions  there- 
for not  later  than  twenty-five  days  prior  to  such  election. 

(11)  If  either  the  original  or  amended  petition  of  nomination  be 
found  sufficiently  signed  as  hereinbefore  provided,  the  clerk  shall  file 
the  same  twenty-five  days  before  the  date  of  the  election.  "When  a 
petition  of  nomination  shall  have  been  filed  by  the  clerk  it  shall  not 
be  withdrawn  or  added  to  and  no  signature  shall  be  revoked  thereafter. 

(12)  The  county  clerk  shall  preserve  in  his  office  for  a  period  of  two 
years,  all  petitions  of  nomination  and  all  certificates  belonging  thereto, 
filed  under  this  section. 

(13)  Immediately  after  such  petitions  are  filed,  the  county  clerk 
shall  enter  the  names  of  the  candidates  in  a  list,  with  the  offices  to  be 
filled,  and  shall  not  later  than  twenty  days  before  the  election  certify 
such  list  as  being  the  list  of  candidates  nominated  as  required  by  the 
provisions  of  this  act,  and  the  board  of  supervisors  shall  cause  said 
certified  list  of  names  and  the  offices  to  be  filled,  to  be  published  in  the 
proclamation  calling  the  election  at  least  ten  successive  days  before  the 
election  in  at  least  one  but  nor  more  than  three  newspapers  of  general 
circulation  published  in  the  county  in  which  such  municipal  water 
district  is  located.  Such  proclamation  shall  conform  in  all  respects 
to  the  general  state  law  governing  the  conduct  of  general  elections  now 
or  hereafter  in  force,  applicable  thereto,  except  as  otherwise  herein 
provided. 

(14)  The  county  clerk  shall  cause  the  ballots  to  be  printed  and  bound 
and  numbered  as  provided  by  said  general  state  law,  except  as  otherwise 
required  in  this  act.  The  ballots  shall  contain  the  list  of  names  and  the 
respective  offices  as  published  in  the  proclamation  and  shall  be  in 
substantially  the  following  form : 

General  (Or  Special)  District  EijEction, 

COUNTY  water  DISTRICT, 

(Inserting  date  thereof), 

Instruciions  to  Voters:  To  vote,  stamp  or  write  a  cross  (X)  opposite 
the  name  of  the  candidate  for  whom  you  desire  to  vote.  All  marks 
otherwise  made  are  forbidden.  All  distinguishing  marks  are  forbidden 
and  make  the  ballot  void.  If  you  wrongly  mark,  tear  or  deface  this 
ballot,  return  it  to  the  inspector  of  election,  and' obtain  another. 

(15)  All  ballots  printed  shall  be  precisely  on  the  same  size,  quality, 
tint  of  paper,  kind  of  type,  and  color  of  ink,  so  that  without  the  number 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  147 

it  would  be  impossible  to  distinguish  one  ballot  from  another;  and  the 
names  of  all  candidates  printed  upon  the  ballot  shall  be  in  type  of  the 
same  size  and  style.  A  column  may  be  provided  on  the  right-hand  side 
for  questions  to  be  voted  upon  at  municipal  water  district  elections,  as 
provided  for  under  this  act.  The  names  of  the  candidates  for  each 
office  shall  be  arranged  in  alphabetical  order,  and  nothing  on  the  ballot 
shall  be  indicative  of  the  source  of  the  candidacy  or  of  the  support  of 
any  candidate. 

(16)  The  name  of  no  candidate  who  has  been  duly  and  regularly 
nominated,  and  who  has  not  withdrawn  his  name  as  herein  provided 
shall  be  omitted  from  the  ballot. 

(17)  The  offices  to  be  filled  shall  be  arranged  in  the  following  order: 
"For  director  vote  for  (giving  number)." 

(18)  Half-inch  square  shall  be  provided  at  the  right  of  the  name  of 
each  candidate  wherein  to  mark  the  cross. 

(19)  Half-inch  spaces  shall  be  left  below  the  printed  names  of  candi- 
dates for  each  office  equal  in  number  to  the  number  to  be  voted  for, 
wherein  the  voter  may  write  the  name  of  any  person  or  persons  for 
whom  he  may  wish  to  vote. 

(20)  The  county  clerk  shall  cause  to  be  printed  sample  ballots, 
identical  with  the  ballot  to  be  used  at  the  election,  and  shall  furnish 
copies  of  the  same  on  application  to  registered  voters  at  his  office  at 
least  five  days  before  the  date  fixed  for  such  election,  and  shall  mail 
one  such  ballot  to  each  voter  entitled  to  vote  at  such  election,  so  that 
all  of  said  sample  ballots  shall  have  been  mailed  at  least  three  whole 
days  before  said  election. 

(21)  In  case  there  is  but  one  person  to  be  elected  to  an  office,  the 
candidate  receiving  a  majority  of  the  votes  cast  for  the  candidates 
for  that  office  shall  be  declared  elected ;  in  case  there  are  two  or  more 
persons  to  be  elected  to  an  office,  as  that  of  director,  then  those  candi- 
dates equal  in  number  to  the  number  to  be  elected,  who  receive  the 
highest  number  of  votes  for  such  office  shall  be  declared  elected; 
provided,  however,  that  no  person  shall  be  declared  elected  to  any 
office  at  such  first  election  unless  the  number  of  votes  received  by  him 
shall  be  greater  than  one-half  the  number  of  ballots  cast  at  such  election. 

(22)  If  at  any  election  held  as  above  provided  there  be  any  office  to 
which  the  required  number  of  persons  was  not  elected,  then  as  to  such 
office  the  said  first  election  shall  be  considered  to  have  been  a  primary 
election  for  the  nomination  of  candidates,  and  a  second  election  shall 
be  held  to  fill  said  office.  The  candidates  not  elected  at  such  first  elec- 
tion, equal  in  number  to  twice  the  number  to  be  elected  to  any  given 
office,  or  less  if  so  there  be,  who  receive  the  highest  number  of  votes 
for  the  respective  offices  at  such  first  election,  shall  be  the  only  candi- 
dates at  such  second  election ;  provided,  that  if  tlierc  be  any  person  who, 
under  the  provisions  of  this  subdivision,  would  have  been  entitled  to 
become  a  candidate  for  any  office,  except  for  the  fact  that  some  other 
candidate  received  an  equal  number  of  votes  therefor,  then  all  such 
persons  receiving  such  equal  number  of  votes  shall  likewise  become 
candidates  for  such  office.  The  candidates  equal  in  number  to  the 
persons  to  be  elected  who  shall  receive  the  highest  number  of  votes  at 
such  second  election  shall  be  declared  elected  to  such  office. 


148       .  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

(23)  The  said  second  election,  if  necessary  to  be  held,  shall  be  held 
three  weeks  after  the  first  election. 

(24)  All  the  provisions  and  conditions  above  set  forth  as  to  the 
conduct  of  an  election,  so  far  as  they  may  be  applicable,  shall  govern 
the  second  election,  except  that  notice  of  election  need  be  published 
twice  only;  and  provided,  also,  that  the  same  precincts  and  polling 
places  shall,  if  possible,  be  used. 

(25)  If  a  person  elected  fails  to  qualify,  the  office  shall  be  filled  as 
if  there  were  a  vacancy  in  such  office,  as  hereinafter  provided. 

(26)  The  mode  of  appointment  of  director  or  directors  by  a  mayor, 
or  by  a  board  of  supervisors  shall  be  by  certificate  of  appointment 
signed  by  said  mayor  or  mayors,  or  issued  by  said  board  of  supervisors, 
and  transmitted  to  the  board  of  directors  of  said  county  water  district. 

(27)  No  informality  in  conducting  county  water  district  elections 
shall  invalidate  the  same,  if  they  have  been  conducted  of  directors  to 
fill  a  vacancy,  or  appointment  by  a  mayor  or  by  this  act. 

General  laws  to  govern. 

Sec.  6.  The  provisions  of  the  law  relating  to  the  qualifications  of 
electors,  the  manner  of  voting,  the  duties  of  election  officers,  the  canvass- 
ing of  returns,  and  all  other  particulars  in  respect  to  the  management 
of  general  elections,  so  far  as  they  may  be  applicable,  shall  govern  all 
water  district  elections,  except  as  in  this  act  otherwise  provided; 
provided,  that  the  board  of  supervisors  shall  canvass  the  returns  of  the 
first  election  and  that  thereafter,  except  as  herein  provided,  the  board 
of  directors  shall  meet  as  a  canvassing  board  and  duly  canvass  the 
returns  within  four  days  after  any  water  district  election,  including 
any  water  district  bond  election. 

Officers  subject  to  recall. 

Sec.  7.  Every  incumbent  of  an  elective  office,  whether  elected  by 
popular  vote  for  a  full  term,  or  elected  by  the  board  of  directors  to  fill 
a  vacancy,  or  appointed  by  a  mayor  or  by  said  board  of  supervisors  for 
a  full  term,  is  subject  to  recall  by  the  voters  of  any  county  water  dis- 
trict organized  under  the  provisions  of  this  act,  in  accordance  with  the 
recall  provisions  of  the  general  laws  of  the  state  applicable  to  officers 
of  counties. 

Organization  of  board. 

Sec.  8.  The  board  of  directors  shall  be  the  governing  body  of  such 
county  water  district.  It  shall  hold  its  first  meeting  on  the  sixth  Mon- 
day after  the  first  general  election  for  the  election  of  directors  as  herein 
provided ;  it  shall  choose  one  of  its  members  president,  and  shall  there- 
upon provide  for  the  time  and  place  of  holding  its  meetings  and  the 
manner  in  which  its  special  meetings  may  be  called.  All  legislative 
sessions  of  the  board  of  directors  whether  regular  or  special  shall  be 
open  to  the  public.  A  majority  of  the  board  of  directors  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  The  board  of  directors 
shall  establish  rules  for  its  proceedings. 


CALIFORNIA  IRRIGATION  DISTRICT  LAWS.  149 

Ordinances. 

Sec.  9.  The  board  of  directors  shall  act  only  by  ordinance  or  reso- 
lution. The  ayes  and  noes  shall  be  taken  upon  the  passage  of  all  ordi- 
nances or  resolutions  and  entered  upon  the  journal  of  the  proceedings 
of  the  board  of  directors.  No  ordinance  or  resolution  shall  be  passed 
or  become  effective  without  the  affirmative  votes  of  at  least  a  majority  of 
the  members  of  the  board.  The  enacting  clause  of  all  ordinances  passed 
by  the  board  shall  be  in  these  words :  "Be  it  ordained  by  the  board  of 

directors  of county  water  district  as  follows:".     All 

resolutions  and  ordinances  shall  be  signed  by  the  president  of  the  board 
of  directors  and  attested  by  the  secretary.  Each  of  the  members  of 
the  board  of  directors  shall  receive  for  each  attendance  at  the  meetings 
of  the  board  ten  dollars,  and  shall  receive  no  other  compensation.  No 
director,  however,  shall  receive  pay  for  more  than  three  meetings  in  any 
calendar  month.  Any  vacancy  in  the  board  of  directors,  whether  the 
vacant  office  is  elective  or  appointive,  shall  be  filled  by  the  remaining 
directors. 

General  manager,  secretary  and  auditor. 

Sec.  10.  The  board  of  directors  shall  at  its  first  meeting,  or  as  soon 
thereafter  as  practicable,  appoint,  by  a  majority  vote,  a  general  man- 
ager, a  secretary,  and  an  auditor.  No  director  shall  be  eliijihle  to  the 
office  of  general  manager,  secretary,  or  auditor.  The  general  manager, 
secretary,  and  auditor  shall  receive  such  compensation  as  the  board  of 
directors  shall  determine,  and  each  shall  serve  at  the  ploa.sure  of  the 
board. 

Informality  not  to  invalidate. 

Sec.  11.  No  informality  in  any  proceeding  or  informality  in  the 
conduct  of  any  election,  not  .substantially  affecting  adversely  the  legal 
rights  of  any  citizen,  shall  be  held  to  invalidate  the  incorporation  of  any 
county  water  district,  and  any  proceeding  wlierein  the  validity  of  such 
incorporation  is  denied  shall  be  commenced  within  three  months  from 
the  date  of  the  certificate  of  incorporation,  otherwise  said  incorporation 
and  the  legal  existence  of  said  county  water  district,  and  all  proceedings 
in  respect  thereto,  shall  be  held  to  be  valid  and  in  every  respect  legal 
and  incontestable. 

Powers  of  district. 

Sec.  12.  Any  county  water  district  incorporated  as  herein  provided, 
shall  have  power: 

1.  To  have  perpetual  succession; 

2.  To  sue  and  be  sued,  except  as  otherwise  provided  herein  or  by 
law,  in  all  actions  and  proceedings  in  all  courts  and  tribunals  of  com- 
petent jurisdiction; 

3.  To  adopt  a  seal  and  alter  it  at  pleasure ; 

4.  To  take  by  grant,  purchase,  gift,  devise,  or  lease,  hold,  use,  enjoy, 
and  to  lease  or  dispose  of  real  and  personal  property  of  every  kind. 


150  CALIFORNIA  IRRIGATION   DISTRICT   LAWS. 

within  or  without  the  district,  necessary  to  the  full  exercise  of  its 
powers ; 

5.  To  acquire,  by  purchase,  lease  or  otherwise,  water  rights,  water- 
works, canals,  conduits,  reservoirs,  storage  sites,  watersheds,  works, 
machinery,  lands,  rights  and  privileges,  useful  or  necessary  to  convey, 
supply,  store,  or  otherwise,  make  use  of  water  for  irrigation,  power,  or 
other  useful  purpose,  and  to  operate  and  maintain  such  water  rights, 
waterworks,  canals,  conduits,  reservoirs,  storage  sites,  watersheds,  works, 
machinery,  lands,  rights,  and  privileges,  for  the  uses  aforesaid,  for  the 
benefit  of  the  district ; 

6".  To  store  water  for  the  benefit  of  the  district ;  and  to  conserve 
water  for  future  use  and  to  appropriate,  acquire  and  preserve  water 
and  water  rights  and  for  this  purpose  to  sue,  intervene  and  compromise, 
in  the  name  of  the  district,  and  assume  the  costs  of  litigation  involving 
the  ownership  of  waters  or  water  rights  within  the  district  and  those 
used  and  useful  for  the  purposes  of  the  district  or  of  any  of  the  lands 
situated  therein;  to  maintain  and  defend  actions  to  prevent  interference 
with  or  diminution  of  the  natural  flow  of  any  stream  or  natural  sub- 
terranean supply  of  waters  being  used  for  irrigation  of  lands  within 
the  district  or  which  are  a  benefit  essentially  common  to  the  lands  within 
the  district  or  its  inhabitants;  and  to  maintain  and  defend  actions  to 
prevent  any  such  interference  with  the  aforesaid  waters  as  may 
endanger  the  inhabitants  or  lands  of  the  district. 

7.  To  lease  of  and  from  any  person,  firm,  or  public  or  private  cor- 
poration, with  the  privilege  of  purchase,  or  otherwise,  existing  water 
rights,  waterworks,  canals,  or  reservoir  systems ;  and  to  carry  on  and 
maintain  the  same;  also  to  sell  water,  or  the  use  thereof,  for  irrigation, 
power,  or  other  useful  purposes,  and  whenever  there  is  a  surplus,  sell, 
or  otherwise,  dispose  of  the  same,  to  municipalities,  or  towns,  or  to  con- 
sumers, located  within  or  without  the  boundaries  of  the  district; 

8.  To  have  and  exercise  the  right  of  eminent  domain  in  the  manner 
provided  by  law  for  the  condemnation  of  private  property  for  public 
use,  to  take  any  property  necessary  to  supply  the  district  or  any  por- 
tion thereof  with  water,  whether  such  property  be  already  devoted  to 
the  same  use  or  otherwise,  and  may  condemn  any  existing  water  rights, 
canals,  reservoirs,  storage  sites,  watersheds,  waterworks  or  systems,  or 
any  portion  thereof  owned  by  any  person,  firm  or  corporation  ;  provided, 
that  property  and  water  rights  of  municipal  corporations  shall  not  be 
subject  to  the  provisions  of  this  section.  In  proceedings  relative  to 
the  exercise  of  such  right,  the  district  shall  have  the  same  rights, 
powers  and  privileges  as  a  municipal  corporation; 

9.  To  borrow  money  and  incur  indebtedness  and  to  issue  Iwnds  or 
other  evidences  of  such  indebtedness;  also  to  refund  or  retire  any 
indebtednass  or  lien  that  may  exist  against  the  district  or  property 
thereof. 

10.  To  cause  taxes  to  be  levied  for  the  purpose  of  paying  any  obliga- 
tion of  the  district  and  to  accomplish  the  purposes  of  this  act  in  the 
manner  herein  provided; 

11.  To  make  contracts,  to  employ  labor  and  to  do  all  acts  necessary 
for  the  full  exercise  of  the  foregoing  powers.  (Amended  Stats.  1919, 
p.  816.) 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  151 

Powers  exercised  by  board. 

Sec.  13.  The  powers  herein  enumerated  shall,  except  as  herein 
otherwise  provided,  be  exercised  by  the  board  of  directors  above  pro- 
vided for  and  elected  and  appointed  as  described  herein. 

Duties  of  officers  of  board. 

Sec.  14.  The  president  .shall  .sigii  all  contracts  on  behalf  of  the 
district  and  perform  such  other  duties  as  may  be  imposed  by  the  board 
of  directors.  The  secretary  shall  countersign  all  contracts  on  behalf  of 
the  district  and  perform  such  other  duties  as  may  be  imposed  by  the 
board  of  directors.  The  secretary  shall  give  his  full  time  during  office 
hours  to  the  affairs  of  the  district.  The  general  manager  shall  have 
full  charge  and  control  of  the  maintenance,  operation  and  construction 
of  the  waterworks  or  waterworks  system  of  said  water  district,  with 
full  power  and  authority  to  employ  and  discharge  all  employees  and 
assistants  at  pleasure,  prescribe  their  dutias,  and  shall,  subject  to  the 
approval  of  the  board  of  directors,  fix  their  compensation.  The  gen- 
eral manager  shall  perform  such  other  duties  as  may  be  imposed  upon 
him  by  the  board  of  directors.  The  general  manager  shall  report  to 
the  board  of  directors  in  accordance  with  such  rules  and  regulations  as 
they  may  adopt.  The  auditor  shall  be  charged  with  the  duty  of  install- 
ing and  maintaining  a  system  of  auditing  and  accounting  that  shall 
completely  and  at  all  times  show  the  financial  condition  of  the  district. 
lie  shall  draw  warrants  to  pay  demands  made  against  the  district  when 
such  demands  have  been  first  approved  by  at  least  three  members  of 
the  board  of  directors  and  by  the  general  manager.  The  board  of 
directors  shall  also  designate  a  depositary  or  depositaries  to  have  the 
custody  of  the  funds  of  the  district,  all  of  which  depositaries  shall  give 
security  sufficient  to  secure  the  district  against  possible  loss,  and  who 
shall  pay  the  warrants  drawn  by  the  auditor  for  demands  against  the 
district  under  such  rules  as  the  directors  may  prescribe.  The  general 
manager,  secretary  and  auditor,  and  all  other  employees  or  assistants  of 
.said  district  who  may  require  so  to  do  by  the  Iward  of  directors,  .shall 
give  bonds  to  the  district  conditioned  for  the  faithful  perfornianco  of 
their  duties  as  the  board  of  directors  from  time  to  time  may  provide 

Bonded  indebtedness. 

Sec.  15.  Whenever  the  board  of  directors  deem  it  necessary  for  the 
district  to  incur  a  bonded  indebtedness,  it  shall,  by  resolution,  so  declare 
and  state  the  proposition  to  be  submitted  to  the  electors,  the  purpose  for 
which  the  proposed  debt  is  to  be  incurred,  the  amount  of  debt  to  be 
incurred,  the  maximum  term  the  bonds  proposed  to  be  issued  shall  run 
before  maturity,  which  .shall  not  exceed  forty  years,  and  th<!  maximum 
rate  of  interest  to  be  paid,  which  shall  not  exceed  .seven  per  cent  per 
annum.  The  board  of  directors  shall  fix  a  date  upon  which  an  election 
shall  be  held  for  the  purpose  of  authorizing  said  bonded  iiulcbtedness  to 
be  incurred.  It  shall  be  the  duty  of  the  board  of  directors  to  provide 
for  holding  such  special  election  on  the  day  so  fixed  and  in  accordance 
with  the  general  election  laws  of  the  state  so  far  as  the  same  shall  be 
applicable,  except  as  herein  otherwi.se  provided.  Such  board  of  direct- 
ors shall  give  notice  of  the  holding  of  such  election,  which  notice  shall 


152  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

contain  the  rasolution  adopted  by  the  board  of  directors  of  the  water 
district,  boundaries  of  precincts,  the  location  of  polling  places,  and  the 
names  of  the  officers  selected  to  conduct  the  election,  who  shall  consist 
of  one  judge,  one  inspector  and  two  clerks  in  each  precinct.  Such  notice 
shall  be  published  for  two  weeks  in  at  least  one  newspaper  and  not  more 
than  three  newspapers  published  in  such  water  district,  which  news- 
paper or  newspapers  shall  be  designated  by  the  board  of  directors ;  and 
if  there  is  no  newspaper  printed  in  such  water  district,  then  by  posting 
such  notice  in  three  public  places  therein.  All  the  expenses  of  holding 
such  election  shall  be  borne  by  the  district.  The  returns  of  such  election 
shall  be  made,  the  votes  canvassed  by  said  board  of  directors  on  the 
first  IMonday  following  said  election,  and  the  results  thereof  ascertained 
and  declared  in  accordance  with  the  general  election  laws  of  the  state 
so  far  as  they  may  be  applicable,  except  as  herein  otherwise  provided. 
The  secretary  of  the  board  of  directors,  as  soon  as  the  result  is  declared, 
shall  enter  in  the  records  of  such  board  a  statement  of  such  results.  No 
irregularities  or  informalities  in  conducting  such  election  shall  invali- 
date the  same,  if  the  election  shall  have  otherwise  been  fairly  conducted. 
In  all  respects  not  otherwise  provided  for  herein  said  election  shall  be 
called,  managed  and  directed  as  is  by  law  provided  for  general  elections 
in  this  state  applicable  thereto,  except  as  herein  otherwise  provided. 

Two-thirds  vote  necessary. 

Sec.  16.  If  from  such  returns  it  appears  that  more  than  two-thirds 
of  the  votes  cast  at  such  election  were  in  favor  of  and  assented  to  the 
incurring  of  such  indebtedness,  then  the  board  of  directors  may,  by 
resolution,  at  such  time  or  tifties  as  it  deems  proper,  provide  for  the 
form  and  execution  of  such  bonds  and  for  the  issuance  of  any  part 
thereof,  and  may  sell  or  dispose  of  the  bonds  so  is.sued  at  such  times  or 
in  such  manner  as  it  may  deem  to  be  to  the  public  interest. 

Value  of  bonds  issued. 

Sec.  17.  Any  bonds  issued  by  any  district  organized  under  the  pro- 
visions of  this  act  are  hereby  given  the  same  force,  value  and  use  as 
bonds  issued  by  any  municipality  and  shall  be  exempt  from  all  taxa- 
tion within  the  State  of  California.  ' 

Power  to  construct  works. 

Sec.  18.  The  board  of  directors  shall  have  power  to  construct  works 
across  any  stream  of  water,  watercourse,  street,  avenue,  highway,  rail- 
way, canal,  ditch,  or  flume  which  the  route  of  said  works  may  intersect 
or  cross;  provided,  such  works  are  constructed  in  such  manner  as  to 
afford  security  for  life  and  property,  and  said  board  of  directors  shall 
restore  the  crossings  and  intersections  to  their  former  state  as  near  as 
may  be,  or  in  a  manner  not  to  have  impaired  unnecessarily  their  useful- 
ness. Every  company  whose  right  of  way  shall  be  intersected  or 
crossed  by  said  works  shall  unite  with  said  board  of  directors  in  forming 
said  intersections  and  crossings  and  grant  the  rights  therefor.  The 
right  of  way  is  hereby  given,  dedicated  and  set  apart  to  locate,  construct 
and  maintain  said  works  over  and  through  any  of  the  lands  which  are 
now  or  may  be  the  property  of  this  state,  and  to  have  the  same  rights 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  153 

and  privileges  appertaining  thereto  as  have  been  or  may  be  granted  to 
the  municipalities  within  the  state. 

Water  rates. 

Sec.  19.  The  board  of  directors  shall  fix  all  water  rates,  subject  to 
the  power  of  the  state  railroad  commission  to  fix  rates  for  water  fur- 
nished to  municipal  corporations  and  their  inhabitants,  and  .shall 
through  the  general  manager  collect  the  charges  for  th(*  .sale  and  distri- 
bution of  water  to  all  customers.     (Amended  Stats.  1915,  p.  26.) 

Rate  to  pay  operating  expenses. 

Sec.  20.  The  board  of  directors  in  the  furnLshing  of  water  shall  fix 
such  rate  as  will  pay  the  operating  expenses  of  the  dLstrict,  provide  for 
repairs  and  depreciation  of  worlcs  owned  or  operated  by  it,  pay  the 
interest  on  any  bonded  debt,  and,  so  far  as  possible,  provide  a  sinking 
or  other  fund  for  the  payment  of  the  principal  of  such  debt  as  it  may 
become  due;  it  being  the  intention  of  this  section  to  require  the  district 
to  pay  the  interest  and  principal  of  its  bonded  debt  from  the  revenues 
of  the  district. 

Tax  levy  to  pay  deficit. 

Sec.  21.  If,  from  any  cause  the  revenues  of  the  district  shall  be 
inadequate  to  pay  the  principal  or  interest  on  any  bonded  debt  as  it 
l)ecoraes  due,  or  any  other  expenses  or  clauns  against  the  district,  then 
the  board  of  directors  must  at  least  fifteen  days  before  the  first  day  of 
the  month  in  which  the  board  of  supervisors  of  the  county  or  city  and 
county  in  which  such  water  district  is  located  is  required  by  law  to 
levy  the  amount  of  taxes  required  for  county  or  city  and  county  pur- 
poses and  furnish  to  the  board  of  supervisors  and  to  the  auditor  respect- 
ively an  estimate  in  writing  of  the  minimum  amount  of  the  money 
required  by  the  di.strict  for  that  purpose,  and  the  board  of  supervi.sors 
of  such  county  or  city  and  county,  must  annually,  at  the  time  and  in 
the  manner  of  levying  other  county  or  city  and  county  taxes,  and  until 
all  such  claims  are  fully  paid  levy  and  cause  to  be  collected  a  tax  to  he 

known  as  the  " countv  district  water  tax."     (Amended 

Stats.  1915,  p.  26.) 

Levy  and  collection  of  tax. 

Sec.  22.  Such  tax  shall  be  levied  on  all  property  in  the  territory 
comprising  the  district  and  shall  be  collected  at  the  same  time  and  in 
the  same  manner  and  form  as  county  taxes  are  collected  and  when  col- 
lected, shall  be  paid  to  the  district  for  which  such  tax  wa.s  levied  and 
collected.  Such  tax  shall  be  a  lien  on  all  the  property  within  the  terri- 
tory comprising  the  district  and  of  the  .same  force  and  efTect  as  other 
liens  for  taxes  and  its  collection  shall  be  enforced  by  the  same  means 
as  provided  for  in  the  enforcement  of  liens  for  state  and  county  taxes. 

Initiative. 

Sec.  23.  Ordinances  may  be  pas.sed  by  the  electors  of  any  county 
water  district  organized  under  the  i^rovisions  of  this' act  in  accordance 


154  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

with  the  methods  provided  by  the  general  laws  of  the  state  for  direct 
legislation  applicable  to  counties. 

Referendum. 

Sec.  24.  Ordinances  may  be  disapproved  and  thereby  vetoed  by  the 
electors  of  any  such  county  water  district  by  proceeding  in  accordance 
with  the  methods  provided  by  the  general  laws  of  the  state  for  protest- 
ing against  legislation  by  counties. 

Adding  to  district. 

Sec.  25.  Any  portion  of  a  county  or  any  municipality,  or  both,  may 
be  added  to  any  county  water  district  organized  under  the  provisions 
of  this  act,  at  any  time,  upon  petition  presented  in  the  manner  herein 
provided  for  the  organization  of  such  water  district,  which  petition 
may  be  granted  by  ordinance  of  the  board  of  directors  of  such  water 
district.  Such  ordinance  shall  be  submitted  for  adoption  or  rejection  to 
the  vote  of  the  electors  in  such  water  district  and  in  the  proposed 
addition,  at  a  general  or  special  election  held  as  herein  provided,  within 
seventy  days  after  the  adoption  of  such  ordinance.  If  such  ordinance 
is  approved,  the  president  and  secretary  of  the  board  of  directors  shall 
certify  that  fact  to  the  secretary  of  state  and  to  the  county  recorder  of 
the  county  in  which  such  water  district  is  located.  Upon  the  receipt  of 
such  last  mentioned  certificate  the  secretary  of  state  shall,  within  ten 
days,  issue  his  certificate,  reciting  the  passage  of  said  ordinance  and 
the  addition  of  said  territory  to  said  district.  A  copy  of  such  certificate 
shall  be  transmitted  to  and  filed  with  the  county  clerk  of  the  county  in 
which  such  county  water  district  is  situated.  From  and  after  the  date 
of  such  certificate  the  territory  named  therein  shall  be  deemed  added 
to  and  form  a  part  of  said  county  water  district,  with  all  the  rights, 
privileges  and  powers  set  forth  in  this  act  and  necessarily  incident 
thereto. 

Other  water  acts  not  repealed. 

Sec  26.  Nothing  in  this  act  shall  be  so  construed  as  repealing  or  in 
any  wise  modifying  the  provisions  of  any  other  act  relating  to  water  or 
the  supply  of  water  to,  or  the  acquisition  thereof  by  counties  or  munici- 
palities within  this  state.  The  term  "municipality,"  as  used  in  this 
act,  shall  include  a  consolidated  city  and  county,  city  or  town,  and  shall 
be  understood  and  so  con.strued  as  to  include,  and  is  hereby  declared 
to  include,  all  corporations  heretofore  organized  and  now  existing  and 
those  hereafter  organized  for  municipal  purposes  within  such  water 
districts.  The  term  "county"  shall  be  understood  and  construed  to 
include  "city  and  county."  In  municipalities  in  which  there  is  no 
mayor  the  duty  imposed  upon  said  officer  by  the  provisions  of  this  act 
shall  be  performed  by  the  president  of  the  board  of  trustees  or  other 
chief  executive  of  the  municipality.  The  word  "district"  shall  apply, 
unless  otherwise  expressed  or  used,  to  a  water  district  formed  under  the 
provisions  of  this  act,  and  the  word  "board"  and  the  words  "boards  of 
directors"  shall  apply  to  the  board  of  directors  of  such  district.  Any 
county  water  district  heretofore  organized  under  the  provisions  of  the 
act  of  which  this  act  is  amendatory  shall  enjoy  all  the  powers  herein 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  155 

j?ranted  and  the  organization  of  such  districts  and  all  proceedings  lead- 
ing to  such  organization  arc  hereby  affirmed  and  validated  and  such 
districts  are  hereby  declared  to  be  duly  organized  and  incorporated. 
(Amended  Stats.  1915,  p.  26.) 

Duties  performed  by  regfistrar  of  voters. 

Sec.  27.  Whenever  a  registrar  of  voters  in  any  county,  or  city  and 
county,  shall  be  appointed,  or  elected,  under  the  provi.sions  of  law,  or 
charter  providing  therefor,  the  duties  imposed  on  the  county  clerk  by 
the  provisions  of  this  act  shall  be  performed  by  the  rejfistrar  of  voters 
with  like  effect,  and  in  such  case  all  papers  or  documents  required  to 
be  filed  with  the  county  clerk  shall  be  filed  with  said  registrar  of  voters 
when  so  appointed  or  elected. 

Exclusion  of  territory. 

Sec.  28.  Any  territory,  included  within  any  county  water  district 
formed  under  the  provisions  of  this  act,  and  not  benefited  in  any 
manner  by  such  district,  or  its  continued  inclusion  therein,  may  be 
excluded  therefrom  by  order  of  the  board  of  directors  of  such  district 
upon  the  verified  petition  of  the  owner  or  owners  in  fee  of  lands  whose 
assessed  value,  with  improvements,  is-  in  excess  of  one-half  of  the 
assessed  value  of  all  the  lands,  with  improvements,  held  in  private 
ownership  in  such  territory.  Said  petition  shall  describe  tlie  territory 
sought  to  be  excluded  and  shall  set  forth  that  such  territory  is  not 
benefited  in  any  manner  by  said  county  water  district  or  its  continued 
inclusion  therein,  and  shall  pray  that  such  territory  may  be  excluded 
and  taken  from  said  district.  Such  petition  shall  be  filed  with  the 
secretary  of  the  water  district  and  shall  be  accompanied  by  a  deposit 
with  such  secretary  of  the  sum  of  one  hundred  dollars,  to  meet  the 
expenses  of  advertising  and  other  costs  incident  to  the  proceedings  for 
the  exclusion  of  such  territory,  including  the  cost  of  recording  a  certified 
copy  of  the  order  hereinafter  provided  for,  any  unconsumed  balance 
to  be  returned  to  the  petitioner.  Upon  the  filing  of  such  petition  with 
the  secretary  of  the  water  district  he  shall  call  a  meeting  of  the  board 
of  directors  of  the  district  at  a  time  not  le.ss  than  twenty-five  days  nor 
more  than  fifty  days  after  the  filing  of  the  petition  and  cause  a  notice 
of  the  filing  of  such  petition  to  be  published  for  at  least  two  weeks  in 
some  newspaper  of  general  circulation  within  said  district,  it'  there  be 
one,  and  if  not,  in  some  newspaper  of  general  circulation  published  in 
the  county  in  which  the  district  is  situated.  Such  notice  .sluill  also  state 
the  date  of  the  filing  of  such  petition  and  that  the  same  will  come  on 
for  hearing  before  the  board  of  directors  of  the  district  and  shall  state 
the  time  of  the  hearing  and  the  place  thereof,  which  shall  be  the  regnhir 
meeting  place  of  the  board  of  directors  of  the  di.striet;  prorvlxL  that 
the  board  may  adjourn  the  hearing  to  a  more  convenient  meeting  place 
within  the  district.  Any  landowner  or  taxpayer  within  the  district 
shall  have  the  right  to  appear  at  said  hearing,  eitlier  in  l)ehalf  of  or  in 
opposition  to  the  granting  of  .said  petition.  Said  petition  .shall  come 
on  for  hearing  before  the  board  of  directors  of  the  district  at  the  time 
and  place  specified  .in  the  notice  of  hearing.  If  upon  such  hearing  the 
board  of  directors  determines  that  it  is  for  the  best  interests  of  the 


156  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

district  that  the  lands  mentioned  in  the  petition,  or  some  portion  thereof, 
bo  excluded  from  the  district,  or  if  it  appears  that  such  lands,  or  some 
portion  thereof,  will  not  be  benefited  by  their  continued  inclusion  in 
the  district,  then  the  board  of  directors  shall  make  an  order  that  such 
lands,  or  such  portion  thereof,  l^e  excluded  from  the  district,  such  order 
to  describe  specifically  the  lands  so  excluded.  From  the  time  of  the 
making  of  such  order  the  lands  so  excluded  shall  be  deemed  to  be  no 
longer  included  in  the  district,  but  such  order  of  exclusion  shall  not  be 
taken  to  invalidate  in  any  manner  any  taxes  or  assessments  theretofore 
levied  or  assessed  against  the  lands  so  excluded.  A  copy  of  such  order 
of  exclusion,  certified  to  by  the  secretary  of  the  district,  shall  be 
recorded  in  the  office  of  the  county  recorder  of  the  county  in  which  the 
district  is  situated  and  the  record  of  such  certified  copy  shall  be  deemed 
prima  facie .  evidence  of  the  exclusion  from  the  district  of  the  lands 
purporting  to  be  excluded  thereby. 

The  board  of  directors  of  any  county  water  district  formed  under 
the  provisions  of  this  act  may  itself  initiate  the  proceedings  for  the 
exclusion  from  the  district  of  any  land  or  lands  which  it  may  not  be 
for  the  bast  interests  of  the  district  to  be  included,  or  which  may  not 
be  benefited  in  any  manner  by  their  continued  inclusion  therein.  Such 
proceedings  shall  be  initiated  by  the  board  of  directors  by  the  passage 
of  a  resolution  requiring  all  persons  interested  to  appear  and  show  cause 
])efore  the  board  of  directors,  at  a  time  and  place  specified,  why  such 
lands,  describing  them,  should  not  be  excluded  from  the  district  and 
fixing  a  time  and  place  for  such  hearing  and  directing  the  secretary 
of  the  district  to  give  notice  of  the  passage  of  such  resolution  and  of 
such  hearing.  Upon  the  passage  of  such  resolution  the  secretary  of  the 
district  shall  give  notice  thereof  and  of  the  time  and  place  of  such 
hearing  in  the  manner  hereinbefore  prescribed  for  notice  of  hearing 
upon  petition  by  a  landowner  or  landowners,  and  thereafter  all  pro- 
ceedings shall  be  had  in  the  manner  and  with  the  effect  herein  provided 
for  proceedings  upon  a  petition  by  a  landowner  or  landowners.  The 
time  of  hearing  fixed  by  the  board  of  directors  by  its  resolution  herein- 
before mentioned  shall  be  not  less  than  twenty-five  days  nor  more  than 
fifty  days  after  the  passage  of  such  resolution  and  the  place  of  hearing 
so  fixed  shall  be  a  convenient  place  within  the  district;  provided,  that 
the  final  action  of  the  board  of  directors  under  this  section  shall  be 
subject  to  the  referendum  by  the  electors  of  the  water  district  according 
to  section  twenty-four  of  this  act.     (Added  Stats.,  1917,  p.  225.) 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  157 


V.     COUNTY  WATERWORKS  DISTRICT  ACT. 

An  act  to  provide  for  the  farmation,  management  and  dissolution  of 
county  waterworks  districts;  for  supplying  the  inhabitants  thereof 
with  water;  for  levying  and  collecting  taxes  on  property  in  such 
districts;  and  for  the  issuance  of  county  waterworks  district  bonds, 
and  the  payment  thereof. 

(Approved  June  13,  1913,  Stats.  1913.  p.  785.     Amended  Stats.   1915,  p.  1188.) 

Formation  of  county  waterworks  districts. 

Section  1.  Any  portion  of  a  county,  containing  unincorporated 
territory,  or  containing  the  whole  or  any  portion  of  one  or  more  incor- 
porated cities  and  contiguous  unincorporated  territory,  and  not  included 
in  a  county  irrigation  district  or  county  waterworks  district,  may  be 
formed  into  a  county  waterworks  district,  and  provision  made  for  the 
purpose  of  supplying  the  inhabitants  of  such  district  with  water,  in  the 
manner  and  under  the  proceedings  hereinafter  described.  (Amended 
Stats.  1915,  p.  1188.) 

Petition. 

Sec.  2.  A  petition  for  the  formation  of  such  county  waterworks 
district  may  be  presented  to  the  board  of  supervisors  of  the  county  in 
which  the  proposed  district  is  located,  which  petition  shall  be  signed 
by  not  less  than  fifty  freeholders,  resident  within  the  proposed  district, 
and  shall  contain: 

(1)  The  name  and  boundaries  of  the  proposed  county  waterworks 
district  to  be  benefited  by  the  said  improvement. 

(2)  A  general  description  of  the  improvement  desired  for  the  pur- 
pose of  supplying  the  inhabitants  of  such  district  with  water,  and 
which  may  embrace  any  or  all  of  the  following:  the  acquisition,  con- 
struction, installation,  completion,  extension,  repair  or  maintenance 
of  waterworks,  structures  and  appliances,  and  the  acqui.sition,  by  pur- 
chase, condemnation,  contract,  lease,  or  otherwise,  of  lands,  rights  of 
way,  water,  water  rights  and  water  service,  necessary  or  convenient  for 
such  purpose. 

•  (3)  An  astimate  of  the  cost  of  the  proposed  improvemrnt   and  of 
the  incidental  expenses  in  connection  tlierewith. 

(4)  A  request  that  an  election  ])e  called  in  said  district  for  the 
purpose  of  submitting  to  the  qualified  voters  tlieroof  the  proposition 
of  forming  such  district  and  incurring  indebtedness  by  the  issuance  of 
bonds  of  such  district  to  pay  the  cost  and  expenses  of  the  proposed 
improvement.  Such  petition  must  be  accompanied  by  a  map  showing 
the  exterior  boundaries  of  the  proposed  district,  with  relation  to  tlio 
territory  immediately  contiguous  thereto,  and  contain  a  general  descrip- 
tion of  the  proposed  improvement.  There  shall  also  be  filed  with  said 
petition  a  good  and  sufficient  undertaking,  to  be  approved  by  the  board 
of  supervisors,  in  double  the  amount  of  the  probable  cost  of  forming 
such  district,  conditioned  that  the  sureties  shall  pay  said  cost,  in  case 
the  formation  of  such  district  shall  not  be  effected.  (Amended  Stats. 
1915,  p.  1189.) 


158  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

Hearing  on  petition. 

Skc.  3.  Such  petition  mast  be  presented  at  a  regular  meeting  of 
said  board  of  supervisors,  and  the  board  shall  thereupon  fix  a  time  for 
hearing  the  same,  and  protests  of  interested  parties,  not  less  than  twenty- 
one,  nor  more  than  thirty  days  after  the  date  of  presentation  thereof. 
The  clerk  of  the  said  board  shall  thereupon  cause  notices  of  the  filing  and 
hearing  of  such  petition  to  be  posted  in  three  of  the  most  public  places 
in  said  district.     Said  notice  shall  be  headed  "Notice  of  the  formation 

of county  waterworks  district 

No. "  (stating  name  of  county  in  which  the  district 

is  located  and  the  number  of  the  proposed  district)  in  letters  not  less 
than  one  inch  in  length,  and  shall,  in  legible  characters,  state  the  fact 
and  date  of  the  filing  of  such  petition,  the  date  and  hour  set  for  hearing 
such  petition  and  protests,  briefly  describe  the  proposed  improvement, 
specify  the  exterior  boundaries  of  the  district  to  be  benefited  by  such 
improvement  and  to  be  taxed  to  provide  for  such  improvement,  and 
refer  to  said  petition,  map  and  general  description  of  the  proposed 
improvement  for  further  particulars.  The  said  clerk  shall  also  cause  a 
notice,  similar  in  substance,  to  be  published  at  least  once  a  week  for 
tw^o  consecutive  weeks  in  a  newspaper  of  general  circulation  printed  and 
published  in  the  county  in  which  the  proposed  district  is  located,  and 
designated  by  said  board  for  that  purpose.  Said  notice  must  be  posted 
and  published,  as  above  provided,  at  least  ten  days  before  the  date  set 
for  the  hearing  of  said  i)etition.     (Amended  Stats.  1915,  p.  1189.) 

Written  protests;  changes  in  boundaries. 

Sec.  4.  Any  person  interested,  objecting  to  the  formation  of  said 
district,  or  to  the  extent  of  said  district,  or  to  the  proposed  improve- 
ment, or  to  the  inclusion  of  his  property  in  said  district,  may  file  a 
written  protest,  setting  forth  such  objections,  with  the  clerk  of  said 
board  at  or  before  the  time  set  for  the  hearing  of  said  petition.  The 
clerk  of  said  board  shall  endorse  on  each  such  protest  the  date'  of  its 
reception  by  him,  and,  at  the  time  appointed  for  the  hearing  above 
provided  for,  shall  present  to  said  board  all  protests  so  filed  with  him. 
Said  board  shall  hear  said  petition  and  protests  at  the  time  appointed, 
or  at  any  time  to  which  the  hearing  thereof  may  be  adjourned,  and 
pass  upon  the  same,  and  its  decision  thereon  shall  be  final  and  con- 
clusive. If  any  of  .such  protests  be  against  the  formation  of  said  dis- 
trict, or  against  the  proposed  improvement,  and  be  sustained,  no  further 
proceedings  .shall  be  had  or  taken  pursuant  to  said  petition,  but  a  new 
petition  for  the  same  or  a  similar  purpose  may  be  filed  at  any  time. 
If  any  of  such  protasts  be  against  the  extent  of  said  district,  or  against 
the  inclasion  of  property  in  said  district,  then  the  board  shall  have 
power  to  make  such  changes  in  the  boundaries  of  the  proposed  district 
as  it  shall  find  to  be  proper  and  advisable,  and  shall  define  and  estab- 
lish such  boundaries,  but  said  board  shall  not  modify  such  boundaries  so 
as  to  exclude  from  such  proposed  district  any  territory  which  will  be 
benefited  by  said  improvement,  nor  shall  any  territory  which  will  not, 
in  the  judgment  of  said  board  be  benefited  by  said  improvement,  be 
included  within  such  propased  district. 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  159 

Neither  shall  said  board  modify  such  boundaries  except  after  notice 
of  its  intention  so  to  do,  given  by  one  insertion  in  a  newspaper  of 
general  circulation  printed  and  published  in  said  county  and  designated 
by  said  board  for  that  purpose,  describing  the  proposed  modification, 
and  specifying  a  time  for  hearing  objections  to  such  modification,  which 
time  shall  be  at  least  ten  days  after  the  publication  of  said  notice. 
Written  objections  to  such  proposed  modification  may  be  filed  with  the 
clerk  of  said  board  by  any  interested  person  at  or  before  the  time  set 
for  hearing  the  same.  Said  board  shall  hear  and  pass  upon  such 
objections  at  the  time  appointed,  or  at  any  time  to  which  the  hearing 
thereof  may  be  adjourned,  and  its  decision  thereon  shall  be  final  and 
conclusive.  If  such  objections  or  any  of  them,  be  sustained,  no  further 
proceedings  pursuant  to  such  petition  shall  be  taken,  but  a  new  petition 
for  the  same  or  a  similar  purpose  may  be  filed  at  any  time. 

At  the  expiration  of  the  time  within  which  protests  may  be  filed, 
if  none  be  filed,  or  if  protests  be  filed  and,  after  hearing  be  denied,  or 
at  the  expiration  of  the  time  within  which  objections  to  the  modification 
of  the  boundaries  of  the  district,  in  case  such  modification  be  proposed, 
may  be  filed,  if  none  be  filed,  or  if  such  objections  be  filed  and.  after 
hearing,  be  overruled,  as  above  provided,  then  said  board  shall  be 
deemed  to  have  acquired  jurisdiction  to  further  proceed  in  accordance 
with  the  provisions  of  this  act. 

Election;  rate  of  interest. 

Sec.  5.  The  board  of  supervisors  shall,  by  ordinance  or  resolution 
adopted  at  a  regular  or  special  meeting  thereof  after  having  ac(iuired 
jurisdiction  to  proceed,  as  provided  above,  provide  for  and  order  the 
holding  of  a  special  election  in  such  proposed  county  waterworks  dis- 
trict and  the  submission  to  the  qualified  voters  thereof,  of  the  proposi- 
tion of  forming  such  district  and  incurring  a  debt  by  the  issuance  of 
bonds  of  such  district  for  the  purposes  set  forth  in  said  petition.  The 
ordinance  or  resolution  calling  such  special  election  shall  also  recite  the 
objects  and  purposes  for  which  the  proposed  indebtedness  is  to  be 
incurred,  the  estimated  cost  of  the  proposed  improvement,  the  amount 
of  the  principal  of  the  indebtedness  to  be  incurred  therefor,  and  the 
rate  of  interest  to  be  paid  on  said  indebtedness,  and  shall  fix  tiie  date 
on  which  said  special  election  shall  be  held,  the  manner  of  holding  the 
.same,  and  the  manner  of  voting  for  or  against  said  proposition.  The 
maximum  rate  of  interest  to  be  paid  on  such  indebtedne.ss  shall  he  eight 
per  centum  per  annum,  payable  semiannually.  (Amended  Stats.  IHlo, 
p.  1190.) 

Conduct  of  election. 

Sec.  6.  For  the  purposes  of  said  election,  the  board  of  supervi.soi-s 
shall,  in  said  ordinance  or  resolution,  establish  one  or  more  j>refinets 
within  the  l)Oundaries  of  the  said  county  waterworks  district,  designate 
a  polling  place,  and  appoint  one  inspector,  one  judge  and  one  elerk 
for  each  such  precinct.  In  all  particulars  not  recited  in  such  ordinance 
or  resolution,  such  election  shall  be  held  as  provided  by  law  for  holding 
general  elections  in  such  county.  Said  ordinance  or  resolution  ordering 
the  holding  of  said  election  shall,  prior  to  the  date  set  for  such  election, 

11—48601 


160  CALIFORNIA  IRRIGATION  DISTRICT  LAWS. 

be  published  five  times  in  a  daily,  or  twice  in  a  weekly  or  semi-weekly 
newspaper  of  general  circulation  printed  and  published  in  said  county 
and  designated  by  said  board  of  supervisors  for  said  purpose,  and  shall 
be  posted  in  three  of  the  most  public  places  in  said  county  waterworks 
district  at  least  ten  days  prior  to  the  date  set  for  such  election.  No 
other  notice  of  such  election  need  be  given.  If  at  such  election  a 
majority  of  the  votes  cast  are  in  favor  of  the  formation  of  such  district 
and  the  incurring  of  such  bonded  indebtedness,  then  the  board  of 
supervisors  shall  enter  an  order  to  that  effect  upon  its  minutes,  declaring 
said  district  formed,  and  said  board  shall  thereupon  be  authorized 
and  empowered  to  issue  the  bonds  of  said  district  for  the  amount  pro- 
vided for  in  such  proceedings,  payable  out  of  funds  of  such  district  to 
be  provided  as  in  this  act  prescribed.     (Amended  Stats.  1915,  p.  1190.) 

Form  of  bonds. 

Sec.  7.  The  board  of  supervisors,  by  an  order  entered  upon  its 
minutes,  shall,  subject  to  the  provisions  of  this  act,  prescribe  the  form 
of  said  bonds  and  of  the  interest  coupons  attached  thereto.  Said  bonds 
shall  be  payable  in  the  following  manner:  a  part  to  be  determined  by 
said  board,  and  which  shall  not  be  less  than  one  fortieth  part  of  the 
whole  amount  of  such  indebtedness,  shall  be  payable  each  and  every 
year  on  a  day  and  date,  and  at  a  place,  to  be  fixed  by  said  board,  and 
designated  in  such  bonds,  together  with  the  interest  on  all  sums  unpaid 
on  such  date,  until  the  whole  of  said  indebtedness  shall  have  been  paid ; 
provided,  hoivever,  that  the  board  of  supervisors  may,  in  its  discretion, 
determine  and  fix  a  date  for  the  earliest  maturity  of  the  principal  of 
such  bonds  not  more  than  ten  years  from  the  date. of  the  issue  of  such 
bonds,  but,  in  this  event,  the  whole  amount  of  such  indebtedness  must 
be  made  payable  in  equal  annual  parts  in  not  to  exceed  forty  years  from 
the  time  of  contracting  the  same.  The  bonds  shall  be  issued  in  such 
denominations  as  the  board  of  supervisors  may  determine,  except  that 
no  bonds  shall  be  of  a  less  denomination  than  one  hundred  dollars, 
nor  of  a  greater  denomination  than  one  thousand  dollars,  and  shall  be 
payable  on  the  day  and  at  the  place  fixed  in  such  bonds  and  with 
interest  at  the  rate  specified  in  such  bonds,  which  rate  shall  not  be  in 
excess  of  eight  per  cent  per  annum  and  shall  be  payable  semiannually, 
and  said  bonds  shall  be  signed  by  the  chairman  of  the  board  of  super- 
visors and  countersigned  by  the  auditor  of  said  county,  and  the  seal  of 
said  county  shall  bfe  affixed  thereto.  The  interest  coupons  of  said  bonds 
shall  be  numbered  consecutively  and  signed  by  the  auditor  of  said  county 
by  his  engraved  or  lithographed  signature.  In  case  any  such  officers 
whose  signatures  or  countersignatures  appear  on  the  bonds  or  coupons 
shall  cease  to  be  such  officer  before  the  delivery  of  such  bonds  to  the 
purchaser,  such  signature  or  countersignature  shall,  nevertheless,  be 
valid  and  sufficient  for  all  purposes,  the  same  as  if  such  officer  had 
remained  in  office  until  the  delivery  of  the  bonds. 

Issue  and  sale  of  bonds. 

Sec,  8,  The  board  of  supervisors  may  issue  and  sell  the  bonds  of 
such  district,  authorized  as  hereinabove  provided,  at  not  less  than  par 
value,  and  the  proceeds  of  the  sale  of  such  bonds  shall  be  placed  in 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  161 

the  county  treasury  to  the  credit  of  the  proper  county  waterworks  dis- 
trict fund  and  sliall  be  applied  exclusively  to  the  purposes  and  objects 
mentioned  in  the  ordinance  or  resolution  ordering  the  holding  of  the 
bond  election,  as  aforesaid;  provided,  that  in  such  case  of  the  annexa- 
tion of  all  the  territory  comprising  a  county  waterworks  district  to  an 
incorporated  city,  as  provided  for  in  section  thirteen  of  this  act,  subse- 
quent to  the  authorization  of  bonds  by  such  district  and  prior  to  the  issu- 
ance and  sale  thereof,  the  governing  legislative  authority  of  such  city  is 
hereby  authorized  to  issue  and  sell  said  bonds.  The  proceeds  of  the 
sale  of  such  bonds  shall  be  placed  in  the  city  treasury  to  the  credit  of 
the  proper  county  waterworks  district  fund,  and  shall  be  applied  exclu- 
sively to  the  purposes  and  objects  mentioned  in  the  ordinance  or  resolu- 
tion ordering  the  holding  of  the  bond  election,  as  aforesaid.  (Amended 
Stats.  1915,  p.  1191.) 

Tax  levy  for  principal  and  interest. 

Sec.  9.  The  board  of  supervisors  shall  levy  a  tax,  each  year,  upon 
the  taxable  property  in  such  county  waterworks  district,  sufficient  to 
pay  the  interest  on  said  bonds  for  that  year,  and  such  portion  of  the 
principal  thereof  as  is  to  become  due  before  the  time  for  making  the 
next  general  tax  levy;  provided,  however,  that  if  the  maturity  of  the 
indebtedness  created  by  the  issue  of  such  bonds  be  made  to  begin  more 
than  one  year  after  the  date  of  such  issue,  such  tax  shall  be  levied  and. 
collected  at  the  time  and  in  the  manner  aforesaid  each  year,  sufficient 
to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also  to 
constitute  a  sinking  fund  for  the  payment  of  the  principal  thereof  on 
or  before  maturit3^  Such  tax  shall  be  levied  and  collected  at  the  time 
and  in  the  same  manner  as  the  general  tax  levy  for  county  purposes, 
and  when  collected  shall  be  paid  into  the  county  treasury  and  be  used 
for  the  payment  of  the  principal  and  interest  on  said  bonds,  and  for 
no  other  purpose.  The  principal  and  interest  on  said  bonds  shall  be 
paid  l)y  the  county  treasurer  in  the  manner  provided  by  law  for  the 
pavment  of  principal  and  interest  on  bonds  of  such  count}-.  (Amended 
Stats.  1915,  p.  1191.) 

Tax  for  maintenance ;  water  rates. 

Sec.  10.  The  board  of  supervisors  of  any  county  wherein  a  county 
waterworks  district  has  been  formed  under  the  provisions  of  this  act, 
shall  have  the  power,  in  any  year  after  the  establishment  of  such  dis- 
trict, to  levy  a  tax  upon  the  taxable  property  in  such  district  sufficient 
to  pay  the  cost  and  expenses  of  maintaining,  operating,  extending  and 
repairing  the  waterworks  of  said  district  for  the  ensuing  fiscal  year,  and 
said  tax  shall  be  levied  and  collected  at  the  time  and  in  the  same  manner 
as  the  general  tax  levy  for  county  purposes,  and  the  revenue  derived 
from  said  tax  shall  be  paid  into  the  county  treasury  to  the  credit  of 
the  proper  fund  of  said  district,  and  said  board  shall  have  the  power 
to  control  and  order  the  expenditure  thereof  for  said  purpose.  Said 
board  of  supervisors  shall  also  have  power  to  fix  and  collect  rates  or 
charges  for  the  use  and  supply  of  water  furnished  by  the  system  of 
said  county  waterworks  district,  and  to  apply  the  receipts  from  said 
rates  or  charges  to  the  expenses  of  the  administration  and  government 


162  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

of  said  district  and  the  use,  operation  and  extension  of  the  waterworks 
and  water  supply.     (Amended  Stats.  1915,  p.  1192.) 

Contracts  for  improvements. 

Sec.  11.  All  contracts  for  furnishing  the  labor,  materials  or  supplies 
required  for  any.  improvement  mentioned  in  this  act,  shall  be  let  to  the 
lowest  responsible  bidder.  The  board  of  supervisors  of  the  county 
shall  adverfise  for  two  or  more  daj's  in  a  newspaper  of  general  cir- 
culation, printed  and  published  in  such  county,  inviting  sealed  pro- 
posals for  furnishing  the  labor,  materials  and  supplies  for  the  proposed 
improvement  before  any  contract  shall  be  made  therefor.  The  board 
shall  have  the  right  to  require  such  bonds  as  it  may  deem  best  from 
the  successful  bidder,  to  insure  the  faithful  performance  of  the  contract, 
and  shall  also  have  the  right  to  reject  any  and  all  bids;  provided,  how- 
ever, that  nothing  herein  contained  shall  be  construed  as  prohibiting 
such  county  itself,  and,  when  ordered  by  the  board  of  supervisors 
thereof,  it  shall  have  power,  to  make  the  proposed  improvement  without 
a  contractor  therefor,  and  to  purchase  the  materials  and  supplies,  and 
employ  the  labor  necessary  for  such  purpose;  and  provided,  further, 
that  any  improvement  for  which  bonds  are  voted  under  the  provisions 
of  this  act,  shall  be  made  in  conformity  with  the  general  description 
of  the  proposed  improvement  thereof  provided  for  in  section  two  hereof. 
Any  improvement  provided  for  in  this  act  may  be  located,  constructed 
and  maintained  in,  along  or  across  any  public  road  or  highway,  or  pub- 
licly owned  right  of  way  in  the  county,  in  such  manner  as  to  afford 
security  for  life  and  property ;  but  the  board  of  supervisors  of  the 
county  shall  restore,  or  cause  to  be  restored,  such  road  or  highway,  or 
publicly  owned  right  of  way  to  its  former  state,  as  near  as  may  be.  or 
in  a  sufficient  manner  not  to  have  impaired  unnecessarily'  its  usefulness. 
(Amended  Stats.  1915,  p.  1192.) 

Rules  and  regulations. 

Sec.  12.  The  board  of  supervisors  of  any  county  wherein  any  such 
county  waterworks  district  is  situated,  .shall  have  power  to  make  and 
enforce  all  rules  and  regulations  necessary  for  the  administration  and 
government  of  .such  district,  and  for  the  acquisition,  purcha.se  or  con- 
struction, the  use  and  operation  of  the  waterworks  thereof;  to  appoint  or 
employ  all  needful  agents,  superintendents  and  engineers  to  properly 
look  after  the  performance  of  any  work  provided  for  in  this  act ;  and  to 
perform  all  other  acts  necessary  or  proper  to  accomplish  the  purpcses 
of  this  act.     (Amended  Stats.  1915,  p.  1193.) 

Title  to  property;  annexation  to  municipal  corporation. 

Sec.  13.  The  title  to  all  property  which  may  have  been  acquired 
for  a  county  waterworks  district,  created  under  the  provisions  of  this 
act,  shall  be  vested  in  the  county  wherein  .such  county  waterworks  dis- 
trict is  located;  provided,  that  whenever  all  of  the  territory  in  such 
county  waterworks  district  shall  be  annexed  to,  or  otherwise  included 
w'ithin,  any  municipal  corporation  owning  works  for  supplying  the 
inhabitants  thereof  with  water,  then  such  county  waterworks  district 
shall  be  deemed  dissolved,  but  said  municipal  corporation  shall  have 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  163 

authority  to  issue  and  sell  any  bonds  of  such  district  theretofore  voted 
but  not  iasued  and  sold,  as  provided  in  section  eight  of  this  act.  Upon 
such  annexation,  the  property  of  such  county  waterworks  district  shall 
thereupon  become  the  property  of  such  municipal  corporation  and  shall 
become  a  part  of,  and  be  used  in  connection  with,  the  works  so  owned 
by  said  municipal  corporation ;  and  such  municipal  corporation  and  the 
proper  officers  thereof  shall,  as  to  such  property,  and  as  to  the  levy 
and  collection  of  taxes  to  meet  the  payments  of  principal  and  interest 
on  outstandins:  bonds  of  such  district  and  the  making  of  such  payments, 
have  and  exercise  the  powers  and  perform  the  duties  vested  in  and 
imposed  upon  the  said  county,  and  the  board  of  supervisors  and  other 
officers  thereof,  prior  to  such  annexation  or  inclusion.  All  money  in 
the  county  treasury  to  the  credit  of  any  fund  of  such  county  waterworks 
district  shall,  upon  the  annexation  or  inclusion  of  such  territory,  as 
above  provided,  be  forthwith  transferred  to  the  treasury  of  said  munici- 
pal corporation  and  be  used  for  the  purposes  for  which  the  .same  was 
available  prior  to  such  transfer  and  none  other. 

Whenever  the  major  portion  of  the  territory  of  a  county  waterworks 
district,  created  under  the  provisions  of  this  act,  shall  be  annexed  to, 
or  otherwise  included  within  any  one  municipal  corporation,  owning 
works  for  supplying  the  inhabitants  thereof  with  water  then  the  board 
of  supervisors  of  the  county  may  lease  to  said  municipal  corporation,, 
for  periods  not  exceeding  five  years  each,  that  portion  of  the  distributing 
system  of  said  county  waterworks  district  which  may  be  in  said  portion 
of  said  district  annexed  to  or  included  in  .such  municipal  corporation. 
Such  municipal  corporation  may  use  said  leased  distributing  system  for 
the  purpose  of  distributing  water  directly  to  individual  consumers 
thereon,  with  the  same  power  of  regulating  the  service  of  water  through 
the  same,  and  of  charging  and  collecting  for  said  service,  as  if  said 
leased  distributing  .system  were  part  of  the  municipally  owned  water 
plant  of  said  municipal  corporation.  The  board  of  supervisors  shall, 
in  any  such  lease,  reserve  the  right  to  use  said  leased  distributing 
system,  for  the  benefit  of  that  portion  of  the  county  waterworks  district 
not  annexed  to  or  included  in  said  municipal  corporation,  to  the  extent 
that  .said  leased  system  is  essential  to  the  efficient  operation  of  the  bal- 
ance of  the  system.     (Amended  Stats.  1915,  p.  1193.) 

Dissolution  of  district. 

Sec.  14.  Any  such  county  waterworks  district  may.  except  as  other- 
wise provided  in  this  act,  be  dissolved  by  the  board  of  supervi.sors  as 
hereinafter  provided.  Upon  receiving  a  petition  signed  by  fifty  or 
more  freeholders  and  residents  of  such  county  waterworks  district, 
requesting  the  dissolution  of  such  district,  the  board  of  supervisors  shall 
fix  a  time  for  hearing  such  petition,  which  shall  be  not  less  than  ten 
nor  more  than  thirty  days  after  the  receipt  of  such  petition,  and  shall, 
at  least  five  days  prior  to  the  time  so  fixed,  publish  notice  of  such  hear- 
ing by  one  insertion  in  a  daily,  weekly  or  semiweekly  newspaper  printed, 
published  and  circulated  in  said  county.  At  the  time  appointed  for 
such  hearing,  or  at  any  time  to  which  the  same  may  be  adjourned,  the 
board  of  supervisors  shall  hear  and  pass  upon  such  petition  and  may 
grant  or  deny  the  same,  and  its  decision  thereon  shall  be  final  and 
conclusive.     If  such  petition  be  granted  the  board  of  supervisors  shall, 


164  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

by  ordinance  or  resolution,  order  the  dissolution  of  said  district,  and 
such  district  shall  thereby  be  dissolved;  provided,  that  if  at  the  time 
of  the  dissolution  of  said  district  there  be  any  outstanding  bonded  or 
other  indebtedness  of  such  district,  then  taxes  for  the  payment  of  such 
bonded  or  other  indebtedness  shall  be  levied  and  collected  the  same  as 
if  such  district  had  not  been  dissolved.     (Amended  Stats.  1915,  p.  1194.) 

Alternative  method  provided. 

Sec.  15.  This  act  shall  not  affect  any  other  act  or  acts  relating  to 
the  same  or  a  similar  subject,  but  is  intended  to  provide  an  alternative 
method  of  procedure  governing  the  subject  to  which  it  relates.  When 
proceeding  under  the  provisions  of  this  act  its  provisions  and  none  other 
shall  apply. 

Construction. 

Sec.  16.  The  provisions  of  this  act  shall  be  liberally  construed  to 
effect  the  purposes  thereof. 

Change  of  name;  proceedings  not  affected. 

Sec.  17.  The  name  of  any  county  irrigation  district,  heretofore 
organized   under   the   provisions   of   this   act,    is   hereby   changed   to 

." county  waterworks  district  No. " 

retaining  the  same  county  name  and  the  same  number  heretofore  a 
part  of  its  name. 

Any  proceedings  heretofore  taken  under  the  provisions  of  this  act, 
and  any  bond  issue  heretofore  voted  by  any  county  irrigation  district, 
under  the  provisions  of  this  act,  whether  said  bond  issue  shall  have  been 
issued  and  sold,  or  not,  shall  not  be  affected  in  any  manner,  except  as 
in  this  act  provided,  by  reason  of  the  change  of  name  provided  for 
herein,  or  by  reason  of  any  amendment  or  change  of  this  act  made  by 
the  amending  act,  providing,  among  other  amendments,  this  section 
seventeen;  but  any  such  proceedings  and  any  such  bond  issue  shall 
continue  and  proceed  without  interruption,  in  accordance  with  the 
provisions  of  this  act  amended. 

This  act  may  be  referred  to  as  the  "county  waterworks  district  act." 
(Added  Stats.  1915,  p.  1194.) 

BONDS. 

An  act  relating  to  bonds  of  county  ivaterworks  districts,  providing  under 
what  circumstances  such  homh  shall  he  legal  investments  for  funds 
of  hanks,  insurance  companies  and  trust  companies,  trust  funds,  state 
school  funds  and  any  money  or  funds  which  may  now  or  hereafter 
he  invested  in  honds  of  cities,  cities  and  counties,  counties,  school 
districts  or  municipalities,  and  providing  under  what  circumstances 
the  us^  of  bonds  of  county  waterworks  districts  as  security  for  the 
performance  of  any  act  may  be  authorized. 

(Approved  June  5,  1915,  Stats.  1915,  p.  1211.) 
Unsold  bonds  of  district. 

Section  1.  Whenever  the  board  of  supervisors  of  any  county  in 
which  a  county  waterworks  district  has  been  formed  and  organized 


CALIFORNIA  IRRIGATION   DISTRICT   LAWS.  165 

under  and  pursuant  to  the  laws  of  the  State  of  California  shall  by 
resolution  declare  that  it  deems  it  desirable  that  any  contemplated  oV 
outstanding  bonds  of  said  district,  including  any  of  its  bonds  authorized 
but  not  sold,  shall  be  made  available  for  the  purposes  provided  for  in 
section  seven  of  this  act,  the  said  board  of  supervisors  shall  thereupon 
file  a  certified  copy  of  such  resolution  with  the  commission  hereinafter 
provided  for. 

Report  on  district's  affairs. 

Sec.  2.  Such  commission,  upon  the  receipt  of  a  certified  copy  of 
such  resolution,  shall,  without  delay,  make  or  cause  to  be  made  an 
investigation  of  the  affairs  of  the  district  and  report  in  writing  upon 
such  matters  as  it  may  deem  essential,  and  particularly  upon  the  follow- 
ing points: 

(a)  The  supply  of  water  available  for  the  project  and  the  riarht  of 
the  district  to  so  much  water  as  may  be  needed. 

(6)  The  nature  of  the  soil  as  to  its  fertilitj^  and  susceptibility  to  irri- 
gation, the  probable  amount  of  water  needed  for  its  irrigation  and  the 
probable  need  of  drainage. 

(c)  The  feasibility  of  the  district's  waterworks  system  and  of  the 
specific  project  for  which  the  bonds  under  consideration  are  desired 
to  have  been  ased,  whether  such  system  and  project  be  constructed, 
projected  or  partially  completed. 

(d)  The  reasonable  market  value  of  the  water,  water  rights,  canals, 
tanks,  reservoirs,  reservoir  sites,  rights  of  way,  pipe  lines,  waterworks, 
buildings  and  machinery  owned  by  such  district  or  to  be  acquired  or 
constructed  by  it  with  the  proceeds  of  any  of  such  bonds. 

(e)  The  reasonable  market  value  of  the  lands  included  within  the 
boundaries  of  the  district. 

(/)  Whether  or  not  the  aggregate  amount  of  the  bonds  under  con- 
sideration and  any  other  outstanding  bonds  of  .said  district,  including 
bonds  authorized  but  not  sold,  exceeds  sixty  {)er  centum  of  the  aggre- 
gate market  value  of  the  lands  within  .said  district  and  of  the  water, 
water  rights,  canals,  tanks,  reservoirs,  reservoir  sites,  rights  of  way,  pipe 
lines,  waterworks,  buildings,  machinery'  owned,  or  to  be  acquired  or 
constructed  with  the  proceeds  of  any  of  said  bonds,  by  said  district, 
as  determined  in  accordance  with  paragraphs  (d)  and  (c)  in  this 
section. 

ig)  The  numbers,  date  or  dates  of  issue  and  denominations  of  the 
bonds,  if  any.  which  the  commission  shall  find  are  available  for  the 
purposes  provided  for  in  section  seven  of  this  act,  and,  if  the  investiga- 
tion has  covered  contemplated  bonds,  the  total  amount  of  bonds  wliich 
the  district  can  issue  without  exceeding  the  limitation  expressed  in 
paragraph  (/")  of  this  section. 

Report  filed  with  controller. 

Sec.  3.  The  written  report  of  the  investigation  herein  provided  for 
shall  be  filed  in  the  office  of  the  state  controller,  and  a  copy  of  said  report 
.shall  by  the  commission  be  forwarded  to  the  board  of  supervisors  of 
the  county  in  which  said  district  is  formed  and  for. which  the  investiga- 


166  CALIFORNIA  IRRIGATION   DISTRICT   LAWS. 

tion  shall  have  been  made,  and  if  said  commission  shall  have  found, 
as  set  out  in  said  report,  that  the  waterworks  system  of  the  district  and 
the  specific  project  for  which  the  bonds  under  consideration  are  dasired 
or  have  been  used,  whether  such  project  be  constructed,  projected  or 
partially  completed,  are  feasible  and  that  the  aggregate  amount  of  the 
bonds  under  consideration  and  any  other  outstanding  bonds  of  said 
district,  including  bonds  authorized  but  not  sold,  does  not  exceed  sixty 
per  centum  of  the  aggregate  market  value  of  the  lands  within  said 
district  and  of  the  water,  water  rights,  canals,  tanks,  reservoirs,  reservoir 
sites,  rights  of  way,  pipe  lines,  waterworks,  buildings  and  machinery 
owned  or  to  be  acquired  or  constructed  with  the  proceeds  of  any  of 
said  bonds  by  ,said  district,  the  bonds  of  such  county  waterworks  district, 
as  described  and  enumerated  in  said  report  filed  with  the  state  controller, 
shall  be  certified  by  the  state  controller,  as  hereinafter  provided  for.  If 
the  commission  shall  be  notified  by  the  board  of  supervisors  of  any 
county  where  a  county  waterworks  district  has  been  formed  that  such 
waterworks  system  has  been  found  in  such  report  to  be  feasible  that 
the  district  has  issued  bonds  and  the  commission  shall  find  that  said 
bonds  are  for  any  project  or  projects  approved  in  such  report  and  that 
the  amount  of  said  bonds  does  not  exceed  the  limitation  stated  in  such 
report,  the  commission  shall  prepare  and  file  with  the  state  controller 
a  supplementary  report  giving  the  numbers,  date  or  dates  of  issue  and 
denominations  of  said  bonds,  which  shall  then  be  entitled  to  certification 
by  the  state  controller  as  hereinafter  provided  for.  Subsequent  issues 
of  bonds  may  be  made  available  for  the  purposes  specified  in  this  act 
upon  like  proceedings  by  said  district,  but,  after  any  of  the  bonds  of 
a  county  waterworks  district  have  been  enumerated  and  described  as 
entitled  to  certification  by  the  state  controller  as  herein  provided  for, 
it  .shall  be  unlawful  for  that  district  to  issue  bonds  that  will  not  be 
entitled  to  such  certification.  It  is  hereby  made  the  duty  of  the  state 
controller  to  provide  for  filing  and  preserving  the  reports  mentioned 
in  this  section  and,  also,  to  make,  keep  and  preserve  a  record  of  the 
bonds  certified  by  him  in  accordance  with  the  provisions  of  section  four 
of  this  act,  including  the  date  of  certification,  the  legal  title  of  the  dis- 
trict, the  number  of  each  bond,  its  par  value,  the  date  of  its  issue  and 
that  of  its  maturity. 

Form  of  controller's  certificate. 

Sec.  4.  Whenever  any  bond  of  a  county  w^aterworks  district  organ- 
ized and  existing  as  aforesaid,  including  any  bond  authorized  in  any 
such  district  but  not  sold,  which  shall  be  eligible  to  certification  by  the 
state  controller  under  section  three  of  this  act,  shall  be  presented  to  the 
state  controller,  he  shall  cause  to  be  attached  thereto  a  certificate  in 
sub-stantially  the  following  form: 

Sacramento,  Cal. (insert  date). 

I, ,  controller  of  the  State 

of  California,  hereby  certify  that  the  within  bond.  No. of  issue 

No. of  the county  waterworks  di.s- 

trict,  issued (insert  date),  is,  in  accordance  with 

an  act' of  the  legislature  of  California  approved , 


CALIFORNIA   IRRIGATION    DISTRICT   LAWS.  167 

a  legal  investment  for  all  trust  funds  and  for  the  funds  of  all  insurance 
companies,  banks,  both  commercial  and  savings,  trust  companies,  the 
state  school  funds  «nd  any  funds  which  may  be  invested  in  county, 
municipal  or  school  district  bonds,  and  it  may  be  deposited  as  security 
for  the  performance  of  any  act  whenever  the  bonds  of  any  county,  city 
and  county,  or  school  district  may  be  so  deposited,  it  being  entitled  to 
such  privileges  by  virtue  of  an  examination  by  the  state  engineer,  the 
attorney  general  and  the  superintendent  of  banks  of  the  State  of  Cali- 
fornia in  pursuance  of  said  act. 


Controller  of  State  of  California. 

In  case  of  a  change  in  the  constitution  or  any  of  the  laws  of  this 
state  relating  to  the  bonds  of  county  waterworks  di.stricts.  the  state 
controller  shall,  if  necessary,  modify  the  above  certificate  so  that  it  shall 
conform  to  the  facts. 

Members  of  commission. 

Sec.  5.  The  attorney  general,  the  state  engineer  and  the  superin- 
tendent of  banks  are  hereby  constituted  the  commission  herein  provided 
for.  and  said  commission  shall  elect  one  of  its  members  chairman  and 
may  employ  such  clerks  and  assistants  as  may  be  necessary  for  the  per- 
formance of  the  duties  herein  imposed,  and  may  fix  the  compensation 
to  be  paid  to  such  clerks  and  assistants. 

Expenses. 

Sec.  6.  All  necessary  expenses  incurred  in  making  the  investigation 
and  report  in  this  act  provided  for  .shall  be  paid  as  the  commission  may 
require  by  the  county  waterworks  district  whose  property  has  been 
investigated  and  reported  on  by  the  said  commission ;  provided,  that  the 
benefit  of  any  services  that  may  have  been  performed  and  any  data  that 
may  have  been  obtained  by  any  member  of  said  commission  or  any 
other  public  official  in  pursuance  of  the  requirements  of  any  law  other 
than  this  act,  shall  be  available  for  the  use  of  the  commission  herein 
provided  for  without  charge  to  the  di.strict  whose  alTairs  are  under 
investigation. 

Bonds  legal  investments. 

Sfx'.  7.  All  bonds  certified  in  accordance  with  the  terms  of  this  act 
shall  be  legal  investments  for  all  trust  funds,  and  for  the  funds  of  all 
insurance  companies,  banks,  both  connnercial  and  .savings,  and  trust 
companies,  and  for  the  state  school  funds,  and  whenever  any  money  or 
funds  may,  by  law  now  or  hereafter  enacted,  be  invested  in  bonds  of 
cities,  cities  and  counties,  counties,  school  districts,  or  municipalities  in 
the  State  of  California,  .such  money  or  funds  may  be  invested  in  the 
said  bonds  of  county  waterworks  district,  and  whenever  bond.s  of 
cities,  cities  and  counties,  counties,  school  districts  or  municipalities 
may  by  any  law  now  or  hereafter  enacted  be  used  as  .security  for  the 
performance  of  any  act,  bonds  of  county  waterworks  di.stricts  under  the 
limitations  in  this  act  provided  may  be  so  used.  This  act  is  intended 
to  be  and  shall  be  considered  the  latest  enactment  upon  the  matters 
herein  contained,  and  any  and  all  acts  in  conflict  with  the  provisions 
hereof  are  hereby  repealed. 


168  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

VI.    MISCELLANEOUS. 

Note. — The  following  acts  relate  generally  to  all  irrigation  districts 
or  have  sufificient  bearing  on  the  subject  of  the  compilation  to  be  noted. 
Acts  relating  expressly  to  districts  formed  under  the  California  Irriga- 
tion District  Act,  will  be  found  at  the  end  of  that  act.  See  pages  77- 
81  hereof. 

IRRIGATION  DISTRICT  BOND  COMMISSION. 

An  act  relating  to  bonds  of  irrigation  districts,  providing  wnder  wJiat 
circumstances  such  hands  shall  be  legal  investments  for  funds  of 
banks,  insurance  companies  and  trust  companies,  trust  funds,  state 
school  funds  and  any  money  or  funds  which  may  noiv  or  hereafter 
be  invested  in  bonds  of  cities,  cities  a^id  counties,  counties,  school 
districts  or  municipalities,  and  providi^ig  under  ivJiat  circmnstaiices 
the  use  of  bonds  of  irrigation  districts  as  security  for  the  perform- 
ance of  any  act  may  be  authorized. 

(Approved  June  13,  1913,  Stats.  1913,  p.  778.  Amended  Stats.,  1915,  p.  692  ;  1917, 

p.  582;  1919,  p.  1207.) 

Resolution  declaring  bonds  available  as  legal  investments. 

Section  1.  Whenever  the  board  of  directors  of  any  irrigation  dis- 
trict organized  and  existing  under  and  pursuant  to  the  laws  of  the  State 
of  California  shall  by  resolution  declare  that  it  deems  it  desirable  that 
any  contemplated  or  outstanding  bonds  of  said  district,  including  any 
of  its  bonds  authorized  but  not  sold,  shall  be  made  available  for  the 
purposes  provided  for  in  section  seven  of  this  act,  the  said  board  of 
directors  shall  thereupon  file  a  certified  copy  of  such  resolution  with 
the  commission  hereinafter  provided  for. 

Report  of  irrigation  district  bond  commission.  ' 

Sec.  2.  Such  commission,  upon  the  receipt  of  a  certified  copy  of  such 
resolution,  shall,  without  delay,  make  or  cause  to  be  made  an  investiga- 
tion of  the  affairs  of  the  district  and  report  in  writing  upon  such  mat- 
ters as  it  may  deem  essential,  and  particularly  upon  the  following 
points : 

(a)  The  supply  of  water  available  for  the  project  and  the  right  of 
the  district  to  so  much  water  as  may  be  needed. 

(6)  The  nature  of  the  soil  as  to  its  fertility  and  susceptibility  to 
irrigation,  the  probable  amount  of  water  needed  for  its  irrigation  and 
the  probable  need  of  drainage. 

(c)  The  feasibility  of  the  district's  irrigation  sj'stem  and  of  the 
specific  project  for  which  the  bonds  under  consideration  are  desired  or 
have  been  used,  whether  such  system  and  project  be  constructed,  pro- 
jected or  partially  completed. 

{d)  The  reasonable  market  value  of  the  water,  water  rights,  canals, 
reservoirs,  reservoir  sites  and  irrigation  works  owned  by  such  district 
or  to  be  acquired  or  constructed  by  it  with  the  proceeds  of  any  of  such 
bonds. 

(e)  The  reasonable  market  value  of  the  lands  included  within  the 
boundaries  of  the  district. 


CALIFORNIA  IRRIGATION   DISTRICT  LAWS.  169 

(/)  Whether  or  not  the  aggregate  amount  of  the  bonds  under  con- 
sideration and  any  other  outstanding  bonds  of  said  district,  including 
bonds  authorized  but  not  sold,  exceeds  sixty  per  centum  of  the  aggre- 
gate market  value  of  the  lands  within  said  district  and  of  the  water, 
water  rights,  canal,  reservoirs,  reservoir  sites,  and  irrigation  works 
owned,  or  to  be  acquired  or  constructed  with  the  proceeds  of  any  of 
said  bonds,  by  said  district,  as  determined  in  accordance  with  para- 
graphs (d)  and  (e)  in  this  section. 

(j7)  The  numbers,  date  or  dates  of  issue  and  denominations  of  the 
bonds,  if  any,  which  the  commission  shall  find  are  available  for  the  pur- 
poses provided  for  in  section  seven  of  this  act,  and,  if  the  investigation 
has  covered  contemplated  bonds,  the  total  amount  of  bonds  which  the 
district  can  issue  without  exceeding  the  limitation  expressed  in  para- 
graph if)  of  this  section. 

Certification  by  state  controller. 

Sec.  3.  The  written  report  of  the  investigation  herein  provided  for 
.shall  be  filed  in  the  office  of  the  state  controller,  and  a  copy  of  said 
report  shall  by  the  commission  be  forwarded  to  the  secretary  of  the 
district  for  which  the  investigation  shall  have  been  made,  and  if  said 
commission  shall  have  found,  as  set  out  in  said  report,  that  the  irrigation 
system  of  the  district  and  the  specific  project  for  which  the  bonds  under 
consideration  are  desired  or  have  been  used,  whether  such  project  be 
constructed,  projected  or  partially  completed,  are  feasible  and  that  the 
aggregate  amount  of  the  bonds  under  consideration  and  any  other  out- 
standing bonds  of  said  district,  including  bonds  authorized  but  not 
sold,  does  not  exceed  sixty  per  centum  of  the  aggregate  market  value  of 
the  lands  within  said  district  and  of  the  water,  water  rights,  canals, 
reservoir,  reservoir  sites,  and  irrigation  works  owned  or  to  be  acquired  or 
constructed  with  the  proceeds  of  any  of  said  bonds  by  said  district,  the 
bonds  of  such  irrigation  district,  as  described  and  enumerated  in  said 
report  filed  with  the  state  controller,  shall  be  certified  by  the  state 
controller,  as  hereinafter  provided  for.  If  the  commission  shall  be 
notified  by  the  board  of  directors  of  any  district  whose  irrigation  .system 
has  been  found  in  such  report  to  be  feasible  that  the  district  has  issued 
bonds  and  the  commission  shall  find  that  said  bonds  are  for  any  project 
or  projects  approved  in  such  report  and  that  the  amount  of  said  bonds 
doas  not  exceed  the  limitation  stated  in  such  report,  tlie  commission 
shall  prepare  and  file  with  the  .state  controller  a  supplementary  report 
giving  the  numbers,  date  or  dates  of  issue  and  denominations  of  said 
bonds,  which  shall  then  be  entitled  to  certification  by  the  state  con- 
troller as  hereinafter  provided  for.  Subsequent  issues  of  bonds  may  be 
made  available  for  the  purposes  specified  in  this  act  upon  like  proceed- 
ings by  said  district,  but,  after  any  of  the  bonds  of  an  irrigation  district 
have  been  enumerated  and  described  as  entitled  to  certification  by  tbe 
state  controller  as  herein  provided  for,  it  shall  be  unlawful  for  that 
district  to  issue  bonds  that  will  not  be  entitled  to  such  certification.  It 
is  hereby  made  the  duty  of  the  state  controller  to  provide  for  filing  and 
preserving  the  reports  mentioned  in  this  section  and,  also,  to  make,  keep 
and  preserve  a  record  of  the  bonds  certified  by  him  in  accordance  with 
the  provisions  of  section  four  of  this  act,  including  "the  date  of  certifica- 


170  CALIFORNIA  IRRIGATION   DISTRICT   LAWS. 

tioii,  the  legal  title  of  the  district,  the  number  of  each  bond,  its  par 
value,  the  date  of  its  issue  and  that  of  its  maturity. 

Provisions  of  section  two  directory. 

Sec.  3a.  The  provisions  of  section  two  of  this  act  as  to  the  points 
upon  which  said  commission  shall  •report  are  directory  merely  and  the 
board  may  authorize  such  certification  when  in  their  opinion,  subject 
to  the  provisions  otherwise  contained  in  this  act,  their  findings  justify 
such  action.     (Stats.  1917,  p.  583.) 

No  expenditures  without  consent  of  commission. 

Sec.  36.  Whenever  the  bonds  of  any  irrigation  district  have  been 
certified,  as  provided  in  this  act,  no  expenditure  of  any  kind  shall  be 
made  from  the  construction  fund  of  such  district  without  the  consent 
of  the  commission  provided  for  in  this  act  and  no  obligation  shall  be 
incurred  chargeable  against  such  fund  without  previous  authorization 
of  the  commission  nor  shall  any  expense  of  any  kind  be  incurred  in 
excess  of  money  actually  provided  by  levy  of  assessment  or  otherwise. 
(Stats.  1917,  p.  583.) 

Certification  of  bonds  as  needed. 

Sec.  3c.  Whenever  the  survey,  examinations,  drawings  and'  plans 
of  an  irrigation  district,  and  the  estimate  of  cost  based  thereon,  shall 
provide  that  the  works  necessary  for  a  completed  project  shall  be  con- 
structed progressively  over  a  period  of  years  in  accordance  with  section 
thirty  of  the  California  irrigation  district  act,  and  in  accordance  with 
a  plan  or  schedule  adopted  by  resolution  of  the  board  of  directors  of 
the  district,  it  shall  not  be  necessary  for  the  commission  to  certify  at 
one  time  all  of  the  bonds  that  have  been  voted  for  the  said  completed 
project ;  but  such  bonds  may  be  certified  from  time  to  time  as  needed  by 
the  district.  If  the  commission  shall  certify  all  of  the  bonds  necessary 
for  the  said  completed  project,  even  if  said  project  is  to  be  constructed 
progressively  over  a  period  of  years  in  accordance  -with  the  aforesaid 
resolution  of  the  board  of  directors,  the  bonds  so  voted  and  certified 
shall  only  be  sold  after  prior  written  approval  of  the  commission. 
(Stats.  1919,  p.  1207.) 

Form  of  controller's  certificate. 

Sec.  4.  Whenever  any  bond  of  an  irrigation  district  organized  and 
existing  as  aforesaid,  including  any  bond  authorized  in  any  such  dis- 
trict but  not  sold,  which  shall  be  eligible  to  certification  by  the  state 
controller  under  .section  three  of  this  act,  shall  be  presented  to  the  state 
controller,  he  shall  cause  to  be  attached  thereto  a  certificate  in  sub- 
stantially the  following  form : 

Sacramento,  Cal,, (insert  date). 

I, ,  controller  of  the  State  of  California, 

do  hereby  certify  that  the  within  bond,  No. of  issue  No. 

of  the irrigation  district,  issued 

(insert  date),  is,  in  accordance  with  an  act  of  the  legislature  of  Cali- 
fornia approved ,  a  legal  investment  for  all  trust 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  171 

funds  and  for  the  funds  of  all  insurance  companies,  banks,  both  com- 
mercial and  savings,  trust  companies,  the  state  school  funds  and  any 
funds  which  may  be  invested  in  county,  municipal  or  school  district 
bonds,  and  it  may  be  deposited  as  security  for  the  performance  of  any 
act  whenever  the  bonds  of  any  county,  city,  city  and  county,  or  school 
district  may  be  so  deposited,  it  being  entitled  to  such  privileges  by 
virtue  of  an  examination  by  the  state  engineer,  the  attorney  general  and 
the  superintendent  of  banks  of  the  State  of  California  in  pursuance  of 
said  act.  The  within  bond  may  also,  according  to  the  constitution  of 
the  State  of  California,  be  used  as  security  for  the  deposit  of  public 
money  in  banks  in  said  state. 


Controller  of  State  of  California. 


In  case  of  a  change  in  the  constitution  or  any  of  the  laws  of  this 
state  relating  to  the  bonds  of  irrigation  districts,  the  state  controller 
shall,  if  necessary,  modify  the  above  certificate  so  that  it  shall  conform  to 
the  facts. 

A  facsimile  of  the  controller's  signature,  printed  or  otherwise, 
impressed  upon  said  certificate  shall  be  a  sufficient  signing  thereof: 
provided,  that  the  imprint  of  the  controller's  seal  thereon  shall  appear 
upon  both  the  certificate  and  the  bond  over  and  through  the  printed 
signature.     (Stats.  1915,  p.  692.) 

Irrigation  district  bond  commission  created. 

Sec.  5.  The  attorney  general,  the  state  engineer  and  the  superin- 
tendent of  banKs  are  hereby  constituted  the  commission  heroin  provided 
for,  and  said  commission  shall  elect  one  of  its  members  chairman  and 
may  employ  such  clerks  and  assistants  as  may  be  nece.s.sary  for  the 
performance  of  the  duties  herein  imposed,  and  may  fix  the  compensa- 
tion to  be  paid  to  such  clerks  and  assistants. 

Expenses.  ' 

Sec.  6.  All  necessary  expenses  incurred  in  making  the  investigation 
and  report  in  this  act  provided  for  shall  be  paid  as  the  eomniission 
may  require  by  the  irrigation  district  whose  property  has  l)eon  investi- 
gated and  reported  on  by  the  said  commission;  provided,  tliat  the 
benefit  of  any  services  that  may  have  been  performed  and  any  data 
that  may  have  been  obtained  by  any  member  of  said  coinmi.ssion  or 
any  other  public  official  in  pursuance  of  the  requii^'inents  of  any  law 
other  than  this  act,  shall  be  available  for  the  use  of  the  commLssion 
herein  provided  for  without  charge  to  the  district  whose  affairs  are 
under  investigation. 

Bonds  certified  legal  investments  for  trust  funds,  etc. 

Sec.  7.  All  bonds  certified  in  accordance  with  the  terms  of  this  act 
shall  be  legal  investments  for  all  trust  funds,  and  for  the  fund.s  of  all 
insurance  companies,  banks,  both  commercial  and  savings,  and  trust 
companies,  and  for  the  state  school  funds,  and  whenever  any  money 
or  funds  may,  by  law  now  or  hereafter  enacted,  be  invested  in  bonds 
of  cities,  cities  and  counties,  counties,  school  districts,  or  municipalities 


172  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

in  the  State  of  California,  such  money  or  funds  may  be  invested  in 
the  said  bonds  of  irrigation  districts,  and  whenever  bonds  of  cities, 
cities  and  counties,  counties,  school  districts  or  municipalities  may  by 
any  law  now  or  hereafter  enacted  be  used  as  security  for  the  perform- 
ance of  any  act,  bonds  of  irrigation  districts  under  the  limitations  in 
this  act  provided  may  be  so  used.^  This  act  is  intended  to  be  and  shall 
be  considered  the  latest  enactment  upon  the  matters  herein  contained, 
and  any  and  all  acts  in  conflict  with  the  provisions  hereof  are  hereby 
repealed. 

REGISTRATION  OF  BONDS. 

An  act  to  provide  for  the  registration  of  bonds  issued  by  the  State  of 
California,  or  any  county,  city  and  county,  rtumicipal  corporation, 
or  other  public  corporation. 

(Approved  April  14,  1913,  Stats.  1913,  p.  23.) 

ASSESSMENT  OF  PUBLIC  LANDS  SUBJECT  TO  ENTRY. 

An  act  to  promote  the  reclamation  of  arid  land  and  to  provide  that 
certain  land  belonging  to  the  State  of  California,  ivithin  the  bowida- 
ries  of  an  irrigation  district  shall  be  subject  to  the  assessments  levied 
in  said  district.  > 

(Approved  May  25,   1917,  Stats.   1917,  p.   936.) 

State  lands  in  district  to  be  assessed. 

Section  1.  Whenever  there  shall  be  included  in  any  irrigation  dis- 
trict organized  and  existing  under  the  laws  of  this  state,  public  lands 
belonging  to  the  state  subject  to  entry,  or  which  have  been  entered,  and 
for  which  no  certificates  of  purchase  have  been  issued,  such  lands  are 
hereby  made  and  declared  to  be  subject  to  all  of  the  provisions  of  law 
relating  to  the  organization,  government  and  regulation  of  irrigation 
districts  to  the  same  extent  and  in  the  same  manner  in  which  the  lands 
of  a  like  character  held  under  private  ownership  are  or  may  be  subject 
to  such  law ;  provided,  Jiowever,  that  nothing  herein  contained  shall  be 
construed  as  creating  any  obligation  against  the  State  of  California  to 
pay  any  of  said  chargas,  assessment  or  debt. 

Notice  served  on  surveyor  general. 

Sec.  2.  All  notices  required  by  the  act  under  which  such  district  is 
organized  shall,  as  soon  as  such  notices  are  issued,  be  served  upon  the 
surveyor  general  of  the  State  of  California  by  mailing  to  his  office  a 
copy  thereof  enclosed  in  a  sealed  envelope  with  postage  prepaid. 

'For  acts  authorizing  investments  in  irrigation  district  bonds,  see  ttie  following: 
State  school  funds.     Pol.  C,  Sec.  676  (as  amended  Stats.  1913,  p.  107). 
Savings  banks.     Bank  Act,  Sec.  61    (as  amended  Stats.  1919,  p.  631). 
Commercial  banks.     Bank  Act,  Sees.  36,  46  (as  amended  Stats.  1915,  pp.  1110, 1111). 
Trust  companies.     Bank  Act,  Sec.  105  (as  amended  Stats.  1913,  p.  183).  , 

Insurance  companies.    C.  C,  Sea  421  (as  amended  Stats.  1917,  p.  976). 
Mortgage  insurance  companies.     C.  C,  Sec.  4 5 See  (as  amended  Stats.  1915,  p.  1541). 

For  acts  authorizing  irrigation  district  bonds  as  security  for  deposits  or  faithful 
performance,  see  the  following: 

State  moneys.     Stats.  1913,  p.  108. 

County  and  municipal  moneys.     Stats.  1913,  p.  107. 

Trust  companies.     Bank  Act,  Sec.  96  (as  amended  Stats.  1915,  p.  1129). 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  173 

Assessment  a  lien. 

Sec.  3.  No  public  lands  which  were  unentered  at  the  time  any 
assessment  was  levied  against  the  same  by  such  irrigation  district  shall 
be  sold  for  such  assessment,  but  such  assessment  shall  be  and 
continue  a  lien  upon  such  land,  and  no  patent  shall  issue  therefor  until 
the  applicant  shall  present  a  certificate  from  the  proper  district  officer 
showing  that  no  unpaid  assessments  or  charges  are  due  and  delinquent 
against  said  land. 

TERMS  OF  CONTRACTS  FOR  FURNISHING  WATER  FOR 
IRRIGATION. 

An  act  dsclaring  upon  what  terms  contracts  between  persons,  com- 
panies, associations,  or  corporations  furnishing  water  for  irrigation 
to  the  consumers  of  such  water  shall  he  valid,  and  to  provide  that 
such  contracts  shall  be  deemed  based  upon  sufficient  consideration. 

(Approved  March  16,  1901,  Stats.  1901,  p.  331.) 

Section  1.  It  is  and  shall  be  lawful  for  any  person,  company,  asso- 
ciation, or  corporation,  furnishing  for  sale,  rental,  or  di.stribution  any 
appropriated  waters  for  purpose  of  irrigation,  to  enter  into  contracts 
with  individual  consumers  of  such  water  or  with  bodies  of  such  con- 
sumers, relating  to  the  sale,  rental  or  distribution  of  such  water,  or  any 
thereof,  which  contracts  subject  to  the  restrictions  hereinafter  declared, 
shall  be  valid  to  all  intents  and  purposes,  any  law  or  rule  to  the  contrary 
iiotwitlLstanding. 

Sec.  2.  No  such  contract  shall  pr  )vide  for  the  sale,  rental,  or  dis- 
tribution of  any  such  water  at  any  rate  exceeding  the  established  rates 
fixed  and  regulated  therefor  by  the  board  of  supervisors  of  the  proper 
counties,  or  fixed  and  established  by  such  per.son,  company,  association, 
or  corporation,  as  provided  by  law. 

Sec.  3.  Nothing  in  this  act  contained  .shall  be  construed  to  authorize 
or  make  valid  any  contract  not  made  for  a  valuable  consideration ;  but 
an  agreement  on  the  part  of  such  person,  company,  association,  or  cor- 
poration to  sell,  rent,  or  distribute  any  water  to  a  consumer,  without 
payment  in  advance  therefor,  or  upon  any  other  terms  to  which  sucli 
consumer  is  not  otherwise  lawfully  entitled,  shall  be  deemed  and  taken 
to  be  a  valuable  and  sufficient  consideration  for  such  contract. 

Sec.  4.  Nothing  in  this  act  contained  shall  affect  any  contract  made 
prior  to  the  time  that  the  board  of  supervisors  fix  and  establish  the 
rates  and  regulations  for  and  under  which  water  shall  be  sold  and 
supplied. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

CONTRACTS  WITH  U.  S.  RECLAMATION  SERVICE. 

An  act  authorizing  and  empowering  irrigation  and  reclamation  districts 
to  enter  into  contracts  with  the  United  States  reclamation  service  for 
the  reclamation  of  lands  within  such  districts  under  the  provisions 
of  the  so-called  "twenty  year  extension  act." 

(Approved  May  21,  1917.     Stats.  1917,  p.  781.) 


174  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

DRAINAGE  BY  IRRIGATION  DISTRICTS. 
An  act  to  provide  for  drahiage  by  irrigation  districts. 

(Approved  March  18,  1907,  Stats.  1907,  p.  569.) 

AGRICULTURAL  EXPERT. 

An  act  to  provide  for  the  employment  of  ati  expert  in  agriculture  and 
matters  relating  thereto  by  the  governing  boards  of  irrigation, 
reclamation  and  draiyiage  districts. 

(Approved  April   23,   1913,   Stats.   1913,  p.   75.) 

DISSOLUTION  OF  DISTRICT. 

An  act  declaring  the  conditions  upon  which  an  irrigation  district  may 
be  dissolved,  prescribing  the  procedure  therefor,  and  the  minding 
up  of  the  affairs  of  the  district  when  dissolved. 

(Approved  May   19.   1919,  Stats.    1919,  p.   75.) 

FLOOD    PROTECTION    IN    DISTRICTS    WITH    AREA    OF    MORE 

THAN  500,000  ACRES. 

An  act  to  provide  for  the  government  of  irrigation  districts  having  an 
area  of  more  than  500,000  acres  and  to  enable  such  irrigation  dis- 
tricts to  construct  levees  and  to  protect  the  lands  within  such 
districts  from  damage  residting  from  floods  and  the  overflow  of 
rivers  and  for  that  purpose  to  provide  additional  powers  for  boards 
of  directors  tvithin  such  irrigation  districts. 

(Approved  January  23,  1915,  Stats.   1915,  p.  1.) 

COUNTY  ASSESSMENT   BOOK  FURNISHED   DISTRICT. 

Political  Code,  Sec.  3653  (as  amended  by  Stats.  1913,  p.  814),  provides 
that  the  county  assessor  must  furnish  on  request  to  a  district  a  certified 
copy  of  his  assessment  book,  so  far  as  such  assessment  book  pertains  to 
property  within  the  limits  of  the  district. 

IRRIGATION  DECLARED  A  PUBLIC  USE. 
An  act  regarding  irrigation  and  declaring  the  same  to  be  a  public  use. 

(Approved  May  1,  1911.     Stats,  1911,  p.  1407.) 

OPENING  PRIVATE  WAY  FOR  CANAL. 

Political  Code,  Sec.  2692  (as  amended  by  Stats.  1919,  p.  117),  pro- 
vides that  private  ways  for  irrigation  canals  may  be  opened  in  the  same 
manner  as  public  roads. 

PENALTY  FOR  DAMAGING  CANAL,  ETC. 

Penal  Code,  Sec.  607,  makes  it  a  misdemeanor  to  maliciously  injure 
any  dam,  canal,  flume,  etc.,  used  to  store  or  conduct  water  for  agri- 
cultural purposes. 


CALIFORNIA   IRRIGATION  "DISTRICT   LAWS.  175 

PENALTY  FOR  TAKING  WATER  FROM  OR  OBSTRUCTING 

CANAL,  ETC. 

Penal  Code,  See.  592,  makes  it  a  misdemeanor  to  take  water  without 
authority  from  a  canal,  etc.,  to  disturb  any  gate  or  other  apparatus, 
or  obstruct  the  free  flow  of  water. 

IMPERIAL  IRRIGATION  DISTRICT. 

An  act  to  legalize  bonds  issued  and  to  he  issued  and  sold  by  Imperial 
irril^ation  district. 

(Approved  March  26,   1915,  Stats.   1919,  p.   18.) 

• 

An  act  authorizing  the  Imperial  irrigation  district  to  acquire  the  irri- 
gation system  and  ivorks  of  the  California  Development  Company 
and  its  subsidiary  company  and  successors  in  California  and  Mexico 
by  condemnation  or  purchase,  and,  in  case  of  purchase,  to  exchange 
bonds  of  said  district  for  such  irrigation  system  and  ivorks  or  for 
property  interests  therein. 

(Approved  May  5,   1915.     Stats.   1915,  p.   343.) 

LEGISLATIVE  VALIDATION   OF  IRRIGATION  DISTRICTS. 

Irrigation  districts  began  in  1911  the  practice  of  obtaining  special 
legislative  acts  of  validation.  Following  are  statutory  references  to 
such  acts : 

Anderson-Cottonwood.     Stats.  1915,  p.  74. 

Baxter  Creek.     Stats.  1917,  p.  227. 

Carmichael.     Stats.  1917,  p.  12. 

Fair  Oaks.     Stats.  1919,  p.  37. 

Happy  Valley.     Stats.  1917,  p.  906. 

Imperial.     Stats.  1911  (extra  session),  p.  119. 

Jacinto.     Stats.  1919,  p.  32. 

La  Mesa,  Lemon  Grove  and  Spring  Valley.     Stats.  1915,  p.  32.'>. 

Lindsay-Strathmore.     Stats.  1917,  p.  15. 

Modesto.     Stats.  1911,  p.  262. 

Oakdale.     Stats.  1915,  p.  262. 

Paradise.     Stats.  1917,  p.  13. 

Princeton-Codora-Glenn.     Stats.  1917,  p.  228. 

Red  Rock  Creek.     Stats.  1919,  p.  124. 

San  Ysidro.     Stats.  1913,  p.  25. 

South  San  Joaquin.     Stats.  1911,  p.  262. 

Stratford.     Stats.  1917,  p.  14. 

Terra  Bella.     Stats.  1917,  p.  14. 

Tranquillity.     Stats.  1919,  p.  124. 

Turlock.     Stats.  1911,  p.  261. 

Waterford.     Stats.  1915,  p.  1249. 

West  Side.     Stats.  1917,  p.  15. 

12—48601 


176  CALIFORNIA  IRRIGATION   DISTRICT   LAWS. 


CONSERVANCY  DISTRICTS. 

An  act  to  provide  for  the  organization  and  government  of  conservancy 
districts  for  certain  specified  purposes;  to  provide  for  the  issuance, 
sale  and  hypothecation  of  district  bonds  to  pay  the  costs  and 
expenses  incurred  in  relation  thereto,  and  to  provide  for  the  retire- 
ment of  such  bonds;  to  provide  for  the  levying  and  collection  of 
taxes  to  pay  the  annual  installment  of  principal  and  interest  on 
said  bonds;  to  provide  for  levying  and  collecting  special  assess- 
ments for  special  benefits  and  to  issue  improvement  warrants  to 
represent  such  special  assessments  for  special  benefits;  to  provide 
for  the  effect  and  enforcement  of  such  improvement  warrants  and 
the  application  of  moneys  derived  from  the  enforcement  thereof ; 
and  to  provide  a  method  of  dissolving  such  districts. 

(Approved  May  16,  1919,  Stats.   1919,  p.   559.) 

This  act  gives  county  boards  of  supervisors  power  to  establish  con- 
servancy districts  for  the  purpose,  among  others,  of  conserving  flood 
waters  and  disposing  of  waters  which  have  been  conserved  for  purposes 
of  irrigation. 

COUNTY   POWER  PUMPING   DISTRICTS. 

An  act  to  provide  for  the  formation,  management  and  dissolution  of 
county  power  pumping  districts;  for  supplying  the  land  owners 
and  inhabitants  thereof  with  water  and  with  the  power  necessary 
to  pump  the  same;  for  the  levy  and  collection  of  taxes  on  property 
in  such  districts;  and  for  the  issuance  of  county  power  pumping 
district  bonds  and  for  the  payment  thereof. 

(Approved  June  12,  1915,  Stats.  1915,  p.  1483.) 


48601     12-19     3M 


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